assembly Bill A10387

2019-2020 Legislative Session

Relates to the default of rent payments and judgments of possession for tenants who are small businesses

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 04, 2020 referred to judiciary

Co-Sponsors

A10387 (ACTIVE) - Details

See Senate Version of this Bill:
S8473
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L

A10387 (ACTIVE) - Summary

Provides that no default in the payment of rent due or judgment of possession shall be entered against a tenant who is a small business between March seventh, two thousand twenty and a date six months after the expiration of the state disaster emergency, as such term is defined in section twenty of the executive law, declared pursuant to executive order two hundred two of two thousand twenty, as amended.

A10387 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10387
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to default of payment of rent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 711 of the real  property  actions
 and proceedings law, as amended by section 12 of part M of chapter 36 of
 the laws of 2019, is amended to read as follows:
   2.  The  tenant  has defaulted in the payment of rent, pursuant to the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has been served upon him OR HER as prescribed in section  seven  hundred
 thirty-five  of  this  article.  Any person succeeding to the landlord's
 interest in the premises may proceed under this subdivision for rent due
 his OR HER predecessor in interest if he OR SHE  has  a  right  thereto.
 Where  a  tenant  dies during the term of the lease and rent due has not
 been paid and the apartment is occupied by a  person  with  a  claim  to
 possession,  a  proceeding  may be commenced naming the occupants of the
 apartment seeking a possessory judgment  only  as  against  the  estate.
 Entry  of  such  a judgment shall be without prejudice to the possessory
 claims of the occupants, and any warrant issued shall not  be  effective
 as  against  the  occupants.  THIS  SUBDIVISION  SHALL NOT APPLY WHERE A
 TENANT THAT IS A SMALL BUSINESS, AS DEFINED BY SECTION ONE HUNDRED THIR-
 TY-ONE OF THE ECONOMIC DEVELOPMENT LAW, HAS DEFAULTED IN THE PAYMENT  OF
 RENT  DUE  BETWEEN  MARCH  SEVENTH,  TWO  THOUSAND TWENTY AND A DATE SIX
 MONTHS AFTER THE EXPIRATION OF THE STATE  DISASTER  EMERGENCY,  AS  SUCH
 TERM  IS DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSU-
 ANT TO EXECUTIVE ORDER TWO  HUNDRED  TWO  OF  TWO  THOUSAND  TWENTY,  AS
 AMENDED.
   §  2.  Subdivision  2  of section 747 of the real property actions and
 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets