The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD16113-04-0

A. 10290--A                         2

THE  EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO
OF TWO THOUSAND TWENTY, AS AMENDED.
  §  3.  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-
terclaim,  commenced  or  interposed  within  sixty days of entry of the
judgment, for affirmative equitable relief which was not sought by coun-
terclaim in the proceeding because of the limited  jurisdiction  of  the
court.  NO  JUDGMENT  FOR  POSSESSION  SHALL  BE  ENTERED FROM RENT OWED
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.
  §  4.  The  real  property  actions  and proceedings law is amended by
adding a new section 712 to read as follows:
  § 712. GROUNDS  WHERE  LANDLORD-TENANT  RELATIONSHIP  EXISTS;  SPECIAL
PROCEEDINGS  FOR  RENT  DUE DURING THE COVID-19 PANDEMIC. A TENANT SHALL
INCLUDE AN OCCUPANT OF ONE OR MORE ROOMS IN A ROOMING HOUSE OR  A  RESI-
DENT,  NOT  INCLUDING  A  TRANSIENT  OCCUPANT, OF ONE OR MORE ROOMS IN A
HOTEL WHO HAS BEEN IN POSSESSION FOR THIRTY CONSECUTIVE DAYS OR  LONGER.
NO  TENANT  OR  LAWFUL  OCCUPANT  OF  A  PREMISES  SHALL BE REMOVED FROM
POSSESSION IN A SPECIAL PROCEEDING MAINTAINED UNDER  THIS  ARTICLE  UPON
THE GROUNDS OF THIS SECTION. A SPECIAL PROCEEDING FOR A JUDGMENT OF RENT
DUE  MAY  BE MAINTAINED WHERE THE TENANT HAS DEFAULTED IN THE PAYMENT OF
RENT, PURSUANT TO THE AGREEMENT UNDER WHICH THE PREMISES ARE HELD, WHERE
SUCH RENT WAS DUE BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND A  DATE
SIX MONTHS AFTER THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS THAT
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,  AND  A  WRITTEN DEMAND OF THE RENT HAS BEEN MADE WITH AT LEAST
FOURTEEN DAYS' NOTICE REQUIRING THE PAYMENT OF THE RENT, SERVED UPON THE
TENANT AS PRESCRIBED IN SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS  ARTI-
CLE.  ANY  PERSON  SUCCEEDING TO THE LANDLORD'S INTEREST IN THE PREMISES
MAY PROCEED UNDER THIS SECTION FOR RENT DUE HIS OR  HER  PREDECESSOR  IN
INTEREST  FOR  THE  TIME PERIOD SPECIFIED ABOVE IF HE OR SHE HAS A RIGHT
THERETO.
  § 5. Subdivisions 1, 2, 4, 5 and 6 of section 223-b of the real  prop-
erty law, as amended by section 2 of part M of chapter 36 of the laws of
2019, are amended to read as follows:
  1.  No landlord of premises or units to which this section is applica-
ble shall serve a notice to quit upon any tenant or commence any  action
to  recover real property or summary proceeding to recover possession of
real property in retaliation for:
  a. A good faith complaint, by or in behalf of the tenant, to the land-
lord, the landlord's agent or a governmental authority of the landlord's
alleged violation of any health or  safety  law,  regulation,  code,  or
ordinance,  the warranty of habitability under section two hundred thir-
ty-five-b of this article, the duty to repair  under  sections  seventy-
eight,  seventy-nine, and eighty of the multiple dwelling law or section
one hundred seventy-four of the multiple residence law, or  any  law  or
regulation  which  has  as its objective the regulation of premises used
for dwelling purposes or which pertains to the offense of  rent  gouging
in the third, second or first degree; or

A. 10290--A                         3

  b.  Actions  taken  in  good  faith, by or in behalf of the tenant, to
secure or enforce any rights under the lease or  rental  agreement,  the
warranty of habitability under section two hundred thirty-five-b of this
article,  the duty to repair under sections seventy-eight, seventy-nine,
and  eighty of the multiple dwelling law or section one hundred seventy-
four of the multiple residence law, or under any other law of the  state
of  New  York,  or  of  its  governmental subdivisions, or of the United
States which has as its objective the regulation of  premises  used  for
dwelling  purposes  or  which pertains to the offense of rent gouging in
the third, second or first degree; [or]
  c. The tenant's participation in the activities of a  tenant's  organ-
ization; OR
  D.  THE  TENANT'S  FAILURE TO PAY ALL OR A PORTION OF RENT DUE BETWEEN
MARCH SEVENTH, TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER THE EXPI-
RATION OF THE STATE DISASTER EMERGENCY,  AS  THAT  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. No landlord of premises or units to which this section is  applica-
ble  or such landlord's agent shall substantially alter the terms of the
tenancy in retaliation for any actions set forth  in  paragraphs  a,  b,
[and]  c,  AND  D of subdivision one of this section. Substantial alter-
ation shall include, but is not limited to, the refusal  to  continue  a
tenancy  of  the tenant, upon expiration of the tenant's lease, to renew
the lease or offer a new lease, or offering a new lease with  an  unrea-
sonable  rent  increase; provided, however, that a landlord shall not be
required under this section to offer a new lease or a lease renewal  for
a term greater than one year.
  4.  In  any  action  to recover real property or summary proceeding to
recover possession of real property, judgment shall be entered  for  the
tenant if the court finds that the landlord is acting in retaliation for
any  action  set forth in paragraphs a, b, [and] c, AND D of subdivision
one of this section. Retaliation shall be  asserted  as  an  affirmative
defense  in  such action or proceeding. The tenant shall not be relieved
of the obligation to pay any rent for which he is otherwise liable.
  5. In an action or proceeding instituted against a tenant of  premises
or  a unit to which this section is applicable, a rebuttable presumption
that the landlord is acting in  retaliation  shall  be  created  if  the
tenant  establishes that the landlord served a notice to quit, or insti-
tuted an action or proceeding to recover  possession,  or  attempted  to
substantially alter the terms of the tenancy, within one year after:
  a.  A good faith complaint was made, by or in behalf of the tenant, to
the landlord, the landlord's agent or a governmental  authority  of  the
landlord's  violation  of any health or safety law, regulation, code, or
ordinance, the warranty of habitability under section two hundred  thir-
ty-five-b  of  this  article, the duty to repair under sections seventy-
eight, seventy-nine, and eighty of the multiple dwelling law or  section
one  hundred  seventy-four  of the multiple residence law, or any law or
regulation which has as its objective the regulation  of  premises  used
for  dwelling  purposes or which pertains to the offense of rent gouging
in the third, second or first degree; or
  b. The tenant in good faith took action to secure or  enforce  against
the  landlord  or his agents any rights under the lease or rental agree-
ment, the warranty of habitability under  section  two  hundred  thirty-
five-b of this article, the duty to repair under sections seventy-eight,
seventy-nine,  and  eighty  of  the multiple dwelling law or section one
hundred seventy-four of the multiple residence law, or under  any  other

A. 10290--A                         4

law of the state of New York, or of its governmental subdivisions, or of
the  United States which has as its objective the regulation of premises
used for dwelling purposes or which pertains  to  the  offense  of  rent
gouging in the third, second or first degree.
  c.  Judgment  under  subdivision  three  or  four  of this section was
entered for the tenant in a previous action between the parties;  or  an
inspection  was made, an order was entered, or other action was taken as
a result of a complaint or act described in paragraph a  or  b  of  this
subdivision.
  D. THE TENANT FAILED TO PAY ALL OR A PORTION OF RENT DUE BETWEEN MARCH
SEVENTH,  TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER THE EXPIRATION
OF THE STATE DISASTER EMERGENCY, AS THAT  TERM  IS  DEFINED  IN  SECTION
TWENTY  OF  THE  EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO
HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED.
  The effect of the presumption shall be  to  require  the  landlord  to
establish  a  non-retaliatory  motive for his acts by a preponderance of
the evidence.
  6. This section shall apply to all rental residential premises  except
owner-occupied  dwellings  with  less  than  four  units.  However,  its
provisions, OTHER THAN PARAGRAPH D OF SUBDIVISION ONE OF  THIS  SECTION,
shall  not  be  given effect in any case in which it is established that
the condition from which the complaint or action arose was caused by the
tenant, a member of the tenant's household, or a guest  of  the  tenant.
Nor  shall it apply in a case where a tenancy was terminated pursuant to
the terms of a lease as a result of a bona fide transfer of ownership.
  § 6. Subdivision (b) of section 5231 of the  civil  practice  law  and
rules, as amended by chapter 575 of the laws of 2008, is amended to read
as follows:
  (b)  Issuance.  Where  a  judgment debtor is receiving or will receive
money from any source, an income execution for installments therefrom of
not more than ten percent thereof may be issued  and  delivered  to  the
sheriff of the county in which the judgment debtor resides or, where the
judgment  debtor  is a non-resident, the county in which he is employed;
provided, however, that (i) no amount shall be withheld from  the  judg-
ment  debtor's  earnings  pursuant  to  an income execution for any week
unless the disposable earnings of the  judgment  debtor  for  that  week
exceed  the  greater  of  thirty  times  the federal minimum hourly wage
prescribed in the Fair Labor Standards Act of 1938 or thirty  times  the
state minimum hourly wage prescribed in section six hundred fifty-two of
the  labor  law  as in effect at the time the earnings are payable; (ii)
EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS  SUBDIVISION,  the  amount
withheld  from  the  judgment  debtor's  earnings  pursuant to an income
execution for any week shall  not  exceed  twenty-five  percent  of  the
disposable earnings of the judgment debtor for that week, or, the amount
by  which  the  disposable earnings of the judgment debtor for that week
exceed the greater of thirty  times  the  federal  minimum  hourly  wage
prescribed  by  the Fair Labor Standards Act of 1938 or thirty times the
state minimum hourly wage prescribed in section six hundred fifty-two of
the labor law as in effect at the time the earnings are payable,  which-
ever  is  less;  (iii)  WHERE  THE INCOME EXECUTION IS FOR A JUDGMENT OF
RESIDENTIAL RENT DUE BETWEEN MARCH SEVENTH, TWO THOUSAND  TWENTY  AND  A
DATE SIX MONTHS AFTER THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS
THAT  TERM  IS  DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED
PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND  TWENTY,  AS
AMENDED,  THE AMOUNT WITHHELD FROM THE JUDGMENT DEBTOR'S EARNINGS PURSU-
ANT TO AN INCOME EXECUTION FOR ANY WEEK SHALL NOT EXCEED TEN PERCENT  OF

A. 10290--A                         5

THE  DISPOSABLE  EARNINGS  OF THE JUDGMENT DEBTOR FOR THAT WEEK, OR, THE
AMOUNT BY WHICH THE DISPOSABLE EARNINGS OF THE JUDGMENT DEBTOR FOR  THAT
WEEK  EXCEED THE GREATER OF THIRTY TIMES THE FEDERAL MINIMUM HOURLY WAGE
PRESCRIBED  BY  THE FAIR LABOR STANDARDS ACT OF 1938 OR THIRTY TIMES THE
STATE MINIMUM HOURLY WAGE PRESCRIBED IN SECTION SIX HUNDRED FIFTY-TWO OF
THE LABOR LAW AS IN EFFECT AT THE TIME THE EARNINGS ARE PAYABLE,  WHICH-
EVER  IS  LESS;  (IV)  if  the  earnings of the judgment debtor are also
subject to deductions for alimony, support  or  maintenance  for  family
members  or former spouses pursuant to section five thousand two hundred
forty-one or section five thousand two hundred forty-two of  this  arti-
cle, the amount withheld from the judgment debtor's earnings pursuant to
this section shall not exceed the amount by which twenty-five percent of
the disposable earnings of the judgment debtor for that week exceeds the
amount  deducted  from the judgment debtor's earnings in accordance with
section five thousand two hundred forty-one or section five thousand two
hundred forty-two of this article. Nothing  in  this  section  shall  be
construed  to modify, abrogate, impair, or affect any exemption from the
satisfaction of a money judgment otherwise granted by law.
  § 7. This act shall take effect immediately.