Bill Text: NY A05030 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits eviction without good cause.
Spectrum: Partisan Bill (Democrat 59-0)
Status: (Introduced - Dead) 2020-02-11 - print number 5030b [A05030 Detail]
Download: New_York-2019-A05030-Introduced.html
Bill Title: Prohibits eviction without good cause.
Spectrum: Partisan Bill (Democrat 59-0)
Status: (Introduced - Dead) 2020-02-11 - print number 5030b [A05030 Detail]
Download: New_York-2019-A05030-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5030 2019-2020 Regular Sessions IN ASSEMBLY February 6, 2019 ___________ Introduced by M. of A. HUNTER -- read once and referred to the Committee on Housing AN ACT to amend the real property law, in relation to prohibiting eviction without good cause The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property law is amended by adding a new article 2 6-A to read as follows: 3 ARTICLE 6-A 4 PROHIBITION OF EVICTION WITHOUT GOOD CAUSE 5 Section 210. Short title. 6 211. Definitions. 7 212. Applicability. 8 213. Necessity for good cause. 9 214. Grounds for removal of tenants. 10 215. Preservation of existing requirements of law. 11 216. Waiver of rights void. 12 § 210. Short title. This article shall be cited as the "Prohibition of 13 eviction without good cause law". 14 § 211. Definitions. 1. The term "housing accommodation", as used in 15 this article shall mean any residential premises, including a mobile 16 home or land in a mobile home park. 17 2. The term "landlord" as used in this article shall mean any owner, 18 lessor, sublessor, assignor, or other person receiving or entitled to 19 receive rent for the occupancy of any housing accommodation or an agent 20 of any of the foregoing. 21 3. The term "tenant" as used in this article shall mean a tenant, 22 sub-tenant, lessee, sublessee, assignee, manufactured home tenant as 23 defined in paragraph one of subdivision a of section two hundred thir- 24 ty-three of this chapter, an occupant of a rooming house or hotel as 25 defined in section seven hundred eleven of the real property actions and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07492-01-9A. 5030 2 1 proceedings law or any other person entitled to the possession, use or 2 occupancy of any housing accommodation. 3 4. The term "rent" as used in this article shall mean any consider- 4 ation, including any bonus, benefit or gratuity demanded or received for 5 or in connection with the possession, use or occupancy of housing accom- 6 modations or the execution or transfer of a lease for such housing 7 accommodations. 8 5. The term "disabled person" as used in this article shall mean a 9 person who has an impairment which results from anatomical, physiolog- 10 ical or psychological conditions, other than addiction to alcohol, 11 gambling, or any controlled substance, which are demonstrable by 12 medically acceptable clinical and laboratory diagnostic techniques, and 13 which are expected to be permanent and which substantially limit one or 14 more of such person's major life activities. 15 § 212. Applicability. This article shall apply to all housing accommo- 16 dations except: 17 1. owner-occupied premises with less than four units; 18 2. premises sublet pursuant to section two hundred twenty-six-b of 19 this chapter, or otherwise, where the sublessor seeks in good faith to 20 recover possession of such housing accommodation for his own personal 21 use and occupancy; 22 3. premises the possession, use or occupancy of which is solely inci- 23 dent to employment and such employment is being lawfully terminated; and 24 4. premises otherwise subject to regulation of rents or evictions 25 pursuant to state or federal law to the extent that such state or feder- 26 al law requires "good cause" for termination or non-renewal of such 27 tenancies. 28 § 213. Necessity for good cause. No landlord shall, by action to evict 29 or to recover possession, by exclusion from possession, by failure to 30 renew any lease, or otherwise, remove any tenant from housing accommo- 31 dations covered by section two hundred twelve of this article except for 32 good cause as defined in section two hundred fourteen of this article. 33 § 214. Grounds for removal of tenants. 1. No landlord shall remove a 34 tenant from any housing accommodation, or attempt such removal or exclu- 35 sion from possession, notwithstanding that the tenant has no written 36 lease or that the lease or other rental agreement has expired or other- 37 wise terminated, except upon order of a court of competent jurisdiction 38 entered in an appropriate judicial action or proceeding in which the 39 petitioner or plaintiff has established one of the following grounds as 40 good cause for removal or eviction: 41 (a) The tenant has failed to pay rent due and owing, provided however 42 that the rent due and owing, or any part thereof, did not result from a 43 rent increase which is unconscionable or imposed for the purpose of 44 circumventing the intent of this article. In determining whether all or 45 part of the rent due and owing is the result of an unconscionable rent 46 increase, it shall be a rebuttable presumption that the rent for a 47 dwelling not protected by rent regulation is unconscionable if said rent 48 has been increased in any calendar year by a percentage exceeding one 49 and one-half times the annual percentage change in the Consumer Price 50 Index for the region in which the housing accommodation is located, as 51 established the August preceding the calendar year in question; 52 (b) The tenant is violating a substantial obligation of his or her 53 tenancy, other than the obligation to surrender possession, and has 54 failed to cure such violation after written notice that the violation 55 cease within ten days of receipt of such written notice, provided howev-A. 5030 3 1 er, that the obligation of tenancy for which violation is claimed was 2 not imposed for the purpose of circumventing the intent of this article; 3 (c) The tenant is committing_or permitting a nuisance in such housing 4 accommodation, or is maliciously or by reason of negligence damaging the 5 housing accommodation; or the tenant's conduct is such as to interfere 6 with the comfort of the landlord or other tenants or occupants of the 7 same or adjacent buildings or structures; 8 (d) Occupancy of the housing accommodation by the tenant is in 9 violation of or causes a violation of law and the landlord is subject to 10 civil or criminal penalties therefore; provided however that an agency 11 of the state or municipality having jurisdiction has issued an order 12 requiring the tenant to vacate the housing accommodation. No tenant 13 shall be removed from possession of a housing accommodation on such 14 ground unless the court finds that the cure of the violation of law 15 requires the removal of the tenant and that the landlord did not through 16 neglect or deliberate action or failure to act create the condition 17 necessitating the vacate order. In instances where the landlord does not 18 undertake to cure conditions of the housing accommodation causing such 19 violation of the law, the tenant shall have the right to pay or secure 20 payment in a manner satisfactory to the court, to cure such violation 21 provided that any tenant expenditures shall be applied against rent to 22 which the landlord is entitled. In instances where removal of a tenant 23 is absolutely essential to his or her health and safety, the removal of 24 the tenant shall be without prejudice to any leasehold interest or other 25 right of occupancy the tenant may have and the tenant shall be entitled 26 to resume possession at such time as the dangerous conditions have been 27 removed. Nothing herein shall abrogate or otherwise limit the right of a 28 tenant to bring an action for monetary damages against the landlord to 29 compel compliance by the landlord with all applicable state or municipal 30 laws or housing codes; 31 (e) The tenant is using or permitting the housing accommodation to be 32 used for an illegal purpose; 33 (f) The tenant has unreasonably refused the landlord access to the 34 housing accommodation for the purpose of making necessary repairs or 35 improvements required by law or for the purpose of showing the housing 36 accommodation to a prospective purchaser, mortgagee or other person 37 having a legitimate interest therein; 38 (g) The landlord seeks in good faith to recover possession of a hous- 39 ing accommodation located in a building containing fewer than twelve 40 units because of immediate and compelling necessity for his or her own 41 personal use and occupancy as his or her principal residence, or the 42 personal use and occupancy as principal residence of his or her spouse, 43 parent, child, stepchild, father-in-law or mother-in-law, when no other 44 suitable housing accommodation in such building is available. This para- 45 graph shall permit recovery of only one housing accommodation and shall 46 not apply to a housing accommodation occupied by a tenant who is sixty- 47 two years of age or older or who is a disabled person; 48 (h) The landlord seeks in good faith to recover possession of any or 49 all housing accommodations located in a building with less than five 50 units to personally occupy such housing accommodations as his or her 51 principal residence. 52 2. A tenant required to surrender a housing accommodation by virtue of 53 the operation of paragraph (g) or (h) of subdivision one of this section 54 shall have a cause of action in any court of competent jurisdiction for 55 damages, declaratory, and injunctive relief against a landlord or 56 purchaser of the premises who makes a fraudulent statement regarding aA. 5030 4 1 proposed use of the housing accommodation. In any action or proceeding 2 brought pursuant to this provision a prevailing tenant shall be entitled 3 to recovery of actual damages, and reasonable attorneys' fees. 4 3. Nothing in this section shall abrogate or limit the tenant's right 5 pursuant to section seven hundred fifty-one of the real property actions 6 and proceedings law to permanently stay the issuance or execution of a 7 warrant or eviction in a summary proceeding, whether characterized as a 8 nonpayment, objectionable tenancy, or holdover proceeding, the underly- 9 ing basis of which is the nonpayment of rent, so long as the tenant 10 complies with the procedural requirements of section seven hundred 11 fifty-one of the real property actions and proceedings law. 12 § 215. Preservation of existing requirements of law. No action shall 13 be maintainable and no judgment of possession shall be entered for hous- 14 ing accommodations pursuant to section two hundred fourteen of this 15 article, unless the landlord has complied with any and all applicable 16 laws governing such action or proceeding and has complied with any and 17 all applicable laws governing notice to tenants, including without limi- 18 tation the manner and the time of service of such notice and the 19 contents of such notice. 20 § 216. Waiver of rights void. Any agreement by a tenant heretofore or 21 hereinafter entered into in a written lease or other rental agreement 22 waiving or modifying his or her rights as set forth in this article 23 shall be void as contrary to public policy. 24 § 2. This act shall take effect immediately and shall apply to actions 25 and proceedings commenced on or after such effective date.
