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.

                            
 
                     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.
              

                                                            LBD16113-12-0

 A. 10290--B                         2
 
   (i)  the  tenant's  or  lawful occupant's income prior to the COVID-19
 covered period;
   (ii)  the  tenant's  or  lawful  occupant's income during the COVID-19
 covered period;
   (iii) the tenant's or lawful occupant's liquid assets; and
   (iv) the tenant's or lawful occupant's eligibility for and receipt  of
 cash assistance, supplemental nutrition assistance program, supplemental
 security  income, the New York State disability program, the home energy
 assistance program, or unemployment insurance or benefits under state or
 federal law.
   3. This act shall not prohibit any court from awarding a judgment  for
 the  rent due and owing to a successful petitioner in a summary proceed-
 ing under article 7 of the real property actions and proceedings law.
   § 3. This act shall take effect immediately.