assembly Bill A10290A

Signed By Governor
2019-2020 Legislative Session

Prohibits certain evictions during the COVID-19 emergency

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Sponsored By

Current Bill Status Via S8192 - Signed by Governor


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2020 approval memo.2
signed chap.127
Jun 18, 2020 delivered to governor
May 27, 2020 returned to senate
passed assembly
ordered to third reading rules cal.31
substituted for a10290b
May 27, 2020 substituted by s8192b
rules report cal.31
reported
May 26, 2020 reported referred to rules
reported referred to codes
May 24, 2020 print number 10290b
May 24, 2020 amend (t) and recommit to judiciary
May 18, 2020 print number 10290a
May 18, 2020 amend (t) and recommit to judiciary
Apr 08, 2020 referred to judiciary

Votes

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May 26, 2020 - Judiciary committee Vote

S8192B
11
3
committee
11
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 26, 2020

aye wr (1)

May 24, 2020 - Rules committee Vote

S8192B
9
5
committee
9
Aye
5
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

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A10290 - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L; amd §223-b, RP L; amd §5231, CPLR

A10290 - Summary

Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.

A10290 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10290

                          I N  A S S E M B L Y

                              April 8, 2020
                               ___________

Introduced  by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to
  the Committee 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 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 PURSUANT 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:
  2.  The  judgment shall not bar an action to recover the possession of
real property. The judgment shall not bar an action, proceeding or coun-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A10290A - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L; amd §223-b, RP L; amd §5231, CPLR

A10290A - Summary

Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.

A10290A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10290--A

                          I N  A S S E M B L Y

                              April 8, 2020
                               ___________

Introduced  by  M.  of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS,
  JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once  and  referred  to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property actions and proceedings law, the  real
  property  law,  and  the  civil practice law and rules, in relation to
  proceedings related to a tenant's  default  in  the  payment  of  rent
  between  March  7,  2020 and a date six months after the expiration of
  the state COVID-19 disaster emergency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "tenant
safe harbor act".
  § 2. 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A10290B (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L; amd §223-b, RP L; amd §5231, CPLR

A10290B (ACTIVE) - Summary

Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.

A10290B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10290--B

                          I N  A S S E M B L Y

                              April 8, 2020
                               ___________

Introduced  by  M.  of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS,
  JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once  and  referred  to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT in relation to prohibiting the eviction  of  residential  tenants
  who have suffered financial hardship during the COVID-19 covered peri-
  od

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. For the purposes of this  act,  "COVID-19  covered  period"
means  March 7, 2020 until the date on which none of the provisions that
closed or otherwise restricted public or private businesses or places of
public accommodation, or required postponement or  cancellation  of  all
non-essential  gatherings  of  individuals of any size for any reason in
Executive Orders 202.3,  202.4,  202.5,  202.6,  202.7,  202.8,  202.10,
202.11,  202.13  or  202.14,  as extended by Executive Orders 202.28 and
202.31 and as further extended by any future Executive Order, issued  in
response to the COVID-19 pandemic continue to apply in the county of the
tenant's or lawful occupant's residence.
  § 2. Notwithstanding any provision of law to the contrary:
  1.  No  court  shall  issue  a  warrant  of  eviction  or  judgment of
possession against a residential tenant or other  lawful  occupant  that
has suffered a financial hardship during the COVID-19 covered period for
the  non-payment of rent that accrues or becomes due during the COVID-19
covered period.
  2. (a) A tenant or lawful occupant may raise financial hardship during
the COVID-19 covered period as a defense in a summary  proceeding  under
article 7 of the real property actions and proceedings law.
  (b)  In  determining  whether  a  tenant or lawful occupant suffered a
financial hardship during the COVID-19 covered period, the  court  shall
consider, among other relevant factors:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.