NY State Assembly Bill A5030B

Archive: Last 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 (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 11, 2020	print number 5030b
Feb 11, 2020	amend and recommit to housing
Jan 08, 2020	referred to housing
Mar 07, 2019	print number 5030a
Mar 07, 2019	amend and recommit to housing
Feb 06, 2019	referred to housing

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

A5030 - Details

See Senate Version of this Bill:: S2892
Law Section:: Real Property Law
Laws Affected:: Add Art 6-A §§210 - 216, RP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A5573, S3082
2023-2024: A4454, S305

A5030 - Summary

Prohibits eviction without good cause.

A5030 - Bill Text download pdf


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

                                  5030

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section  1.  The  real property law is amended by adding a new article
6-A to read as follows:
                               ARTICLE 6-A
               PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
SECTION 210. SHORT TITLE.
        211. DEFINITIONS.
        212. APPLICABILITY.
        213. NECESSITY FOR GOOD CAUSE.
        214. GROUNDS FOR REMOVAL OF TENANTS.
        215. PRESERVATION OF EXISTING REQUIREMENTS OF LAW.
        216. WAIVER OF RIGHTS VOID.
  § 210. SHORT TITLE. THIS ARTICLE SHALL BE CITED AS THE "PROHIBITION OF
EVICTION WITHOUT GOOD CAUSE LAW".
  § 211. DEFINITIONS. 1. THE TERM "HOUSING ACCOMMODATION",  AS  USED  IN
THIS  ARTICLE  SHALL  MEAN  ANY RESIDENTIAL PREMISES, INCLUDING A MOBILE
HOME OR LAND IN A MOBILE HOME PARK.
  2. THE TERM "LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN  ANY  OWNER,
LESSOR,  SUBLESSOR,  ASSIGNOR,  OR OTHER PERSON RECEIVING OR ENTITLED TO
RECEIVE RENT FOR THE OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN  AGENT
OF ANY OF THE FOREGOING.
  3.  THE  TERM  "TENANT"  AS  USED IN THIS ARTICLE SHALL MEAN A TENANT,
SUB-TENANT, LESSEE, SUBLESSEE, ASSIGNEE,  MANUFACTURED  HOME  TENANT  AS
DEFINED  IN  PARAGRAPH ONE OF SUBDIVISION A OF SECTION TWO HUNDRED THIR-
TY-THREE OF THIS CHAPTER, AN OCCUPANT OF A ROOMING  HOUSE  OR  HOTEL  AS
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.

                                                           LBD07492-01-9

A. 5030                             2

PROCEEDINGS  LAW  OR ANY OTHER PERSON ENTITLED TO THE POSSESSION, USE OR
OCCUPANCY OF ANY HOUSING ACCOMMODATION.
  4.  THE  TERM  "RENT" AS USED IN THIS ARTICLE SHALL MEAN ANY CONSIDER-
ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR
OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM-
MODATIONS OR THE EXECUTION OR TRANSFER  OF  A  LEASE  FOR  SUCH  HOUSING
ACCOMMODATIONS.
  5.  THE  TERM  "DISABLED  PERSON" AS USED IN THIS ARTICLE SHALL MEAN A
PERSON WHO HAS AN IMPAIRMENT WHICH RESULTS FROM  ANATOMICAL,  PHYSIOLOG-
ICAL  OR  PSYCHOLOGICAL  CONDITIONS,  OTHER  THAN  ADDICTION TO ALCOHOL,
GAMBLING,  OR  ANY  CONTROLLED  SUBSTANCE,  WHICH  ARE  DEMONSTRABLE  BY
MEDICALLY  ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES, AND
WHICH ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE  OR
MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
  § 212. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL HOUSING ACCOMMO-
DATIONS EXCEPT:
  1. OWNER-OCCUPIED PREMISES WITH LESS THAN FOUR UNITS;
  2.  PREMISES  SUBLET  PURSUANT  TO SECTION TWO HUNDRED TWENTY-SIX-B OF
THIS CHAPTER, OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD  FAITH  TO
RECOVER  POSSESSION  OF  SUCH HOUSING ACCOMMODATION FOR HIS OWN PERSONAL
USE AND OCCUPANCY;
  3. PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY  INCI-
DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
  4.  PREMISES  OTHERWISE  SUBJECT  TO  REGULATION OF RENTS OR EVICTIONS
PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
AL LAW REQUIRES "GOOD CAUSE" FOR  TERMINATION  OR  NON-RENEWAL  OF  SUCH
TENANCIES.
  § 213. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT
OR  TO  RECOVER  POSSESSION, BY EXCLUSION FROM POSSESSION, BY FAILURE TO
RENEW ANY LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM  HOUSING  ACCOMMO-
DATIONS COVERED BY SECTION TWO HUNDRED TWELVE OF THIS ARTICLE EXCEPT FOR
GOOD CAUSE AS DEFINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE.
  §  214.  GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL REMOVE A
TENANT FROM ANY HOUSING ACCOMMODATION, OR ATTEMPT SUCH REMOVAL OR EXCLU-
SION FROM POSSESSION, NOTWITHSTANDING THAT THE  TENANT  HAS  NO  WRITTEN
LEASE  OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR OTHER-
WISE TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT  JURISDICTION
ENTERED  IN  AN  APPROPRIATE  JUDICIAL ACTION OR PROCEEDING IN WHICH THE
PETITIONER OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS  AS
GOOD CAUSE FOR REMOVAL OR EVICTION:
  (A)  THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED HOWEVER
THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM  A
RENT  INCREASE  WHICH  IS  UNCONSCIONABLE  OR IMPOSED FOR THE PURPOSE OF
CIRCUMVENTING THE INTENT OF THIS ARTICLE. IN DETERMINING WHETHER ALL  OR
PART  OF  THE RENT DUE AND OWING IS THE RESULT OF AN UNCONSCIONABLE RENT
INCREASE, IT SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  RENT  FOR  A
DWELLING NOT PROTECTED BY RENT REGULATION IS UNCONSCIONABLE IF SAID RENT
HAS  BEEN  INCREASED  IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING ONE
AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN  THE  CONSUMER  PRICE
INDEX  FOR  THE REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS
ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR IN QUESTION;
  (B) THE TENANT IS VIOLATING A SUBSTANTIAL OBLIGATION  OF  HIS  OR  HER
TENANCY,  OTHER  THAN  THE  OBLIGATION  TO SURRENDER POSSESSION, AND HAS
FAILED TO CURE SUCH VIOLATION AFTER WRITTEN NOTICE  THAT  THE  VIOLATION
CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV-

A. 5030                             3

ER,  THAT  THE  OBLIGATION OF TENANCY FOR WHICH VIOLATION IS CLAIMED WAS
NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE;
  (C)  THE TENANT IS COMMITTING_OR PERMITTING A NUISANCE IN SUCH HOUSING
ACCOMMODATION, OR IS MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGING THE
HOUSING ACCOMMODATION; OR THE TENANT'S CONDUCT IS SUCH AS  TO  INTERFERE
WITH  THE  COMFORT  OF THE LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE
SAME OR ADJACENT BUILDINGS OR STRUCTURES;
  (D) OCCUPANCY OF  THE  HOUSING  ACCOMMODATION  BY  THE  TENANT  IS  IN
VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
CIVIL  OR  CRIMINAL PENALTIES THEREFORE; PROVIDED HOWEVER THAT AN AGENCY
OF THE STATE OR MUNICIPALITY HAVING JURISDICTION  HAS  ISSUED  AN  ORDER
REQUIRING  THE  TENANT  TO  VACATE  THE HOUSING ACCOMMODATION. NO TENANT
SHALL BE REMOVED FROM POSSESSION OF  A  HOUSING  ACCOMMODATION  ON  SUCH
GROUND  UNLESS  THE  COURT  FINDS  THAT THE CURE OF THE VIOLATION OF LAW
REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH
NEGLECT OR DELIBERATE ACTION OR FAILURE  TO  ACT  CREATE  THE  CONDITION
NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT
UNDERTAKE  TO  CURE CONDITIONS OF THE HOUSING ACCOMMODATION CAUSING SUCH
VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY  OR  SECURE
PAYMENT  IN  A  MANNER SATISFACTORY TO THE COURT, TO CURE SUCH VIOLATION
PROVIDED THAT ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST  RENT  TO
WHICH  THE  LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF A TENANT
IS ABSOLUTELY ESSENTIAL TO HIS OR HER HEALTH AND SAFETY, THE REMOVAL  OF
THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY LEASEHOLD INTEREST OR OTHER
RIGHT  OF OCCUPANCY THE TENANT MAY HAVE AND THE TENANT SHALL BE ENTITLED
TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE  BEEN
REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE RIGHT OF A
TENANT  TO  BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD TO
COMPEL COMPLIANCE BY THE LANDLORD WITH ALL APPLICABLE STATE OR MUNICIPAL
LAWS OR HOUSING CODES;
  (E) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION TO  BE
USED FOR AN ILLEGAL PURPOSE;
  (F)  THE  TENANT  HAS  UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
HOUSING ACCOMMODATION FOR THE PURPOSE OF  MAKING  NECESSARY  REPAIRS  OR
IMPROVEMENTS  REQUIRED  BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING
ACCOMMODATION TO A PROSPECTIVE  PURCHASER,  MORTGAGEE  OR  OTHER  PERSON
HAVING A LEGITIMATE INTEREST THEREIN;
  (G)  THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A HOUS-
ING ACCOMMODATION LOCATED IN A BUILDING  CONTAINING  FEWER  THAN  TWELVE
UNITS  BECAUSE  OF IMMEDIATE AND COMPELLING NECESSITY FOR HIS OR HER OWN
PERSONAL USE AND OCCUPANCY AS HIS OR HER  PRINCIPAL  RESIDENCE,  OR  THE
PERSONAL  USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF HIS OR HER SPOUSE,
PARENT, CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-LAW, WHEN NO  OTHER
SUITABLE HOUSING ACCOMMODATION IN SUCH BUILDING IS AVAILABLE. THIS PARA-
GRAPH  SHALL PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL
NOT APPLY TO A HOUSING ACCOMMODATION OCCUPIED BY A TENANT WHO IS  SIXTY-
TWO YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON;
  (H)  THE  LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF ANY OR
ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING  WITH  LESS  THAN  FIVE
UNITS  TO  PERSONALLY  OCCUPY  SUCH HOUSING ACCOMMODATIONS AS HIS OR HER
PRINCIPAL RESIDENCE.
  2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF
THE OPERATION OF PARAGRAPH (G) OR (H) OF SUBDIVISION ONE OF THIS SECTION
SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR
DAMAGES,  DECLARATORY,  AND  INJUNCTIVE  RELIEF  AGAINST  A  LANDLORD OR
PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT  REGARDING  A

A. 5030                             4

PROPOSED  USE  OF THE HOUSING ACCOMMODATION. IN ANY ACTION OR PROCEEDING
BROUGHT PURSUANT TO THIS PROVISION A PREVAILING TENANT SHALL BE ENTITLED
TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES.
  3.  NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S RIGHT
PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
AND PROCEEDINGS LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION  OF  A
WARRANT  OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS A
NONPAYMENT, OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE  UNDERLY-
ING  BASIS  OF  WHICH  IS  THE NONPAYMENT OF RENT, SO LONG AS THE TENANT
COMPLIES WITH THE  PROCEDURAL  REQUIREMENTS  OF  SECTION  SEVEN  HUNDRED
FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
  §  215.  PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO ACTION SHALL
BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS-
ING ACCOMMODATIONS PURSUANT TO SECTION  TWO  HUNDRED  FOURTEEN  OF  THIS
ARTICLE,  UNLESS  THE  LANDLORD HAS COMPLIED WITH ANY AND ALL APPLICABLE
LAWS GOVERNING SUCH ACTION OR PROCEEDING AND HAS COMPLIED WITH  ANY  AND
ALL APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING WITHOUT LIMI-
TATION  THE  MANNER  AND  THE  TIME  OF  SERVICE  OF SUCH NOTICE AND THE
CONTENTS OF SUCH NOTICE.
  § 216. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE  OR
HEREINAFTER  ENTERED  INTO  IN A WRITTEN LEASE OR OTHER RENTAL AGREEMENT
WAIVING OR MODIFYING HIS OR HER RIGHTS AS  SET  FORTH  IN  THIS  ARTICLE
SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  § 2. This act shall take effect immediately and shall apply to actions
and proceedings commenced on or after such effective date.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5030A - Details

See Senate Version of this Bill:: S2892
Law Section:: Real Property Law
Laws Affected:: Add Art 6-A §§210 - 216, RP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A5573, S3082
2023-2024: A4454, S305

A5030A - Summary

Prohibits eviction without good cause.

A5030A - Bill Text download pdf


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

                                 5030--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2019
                               ___________

Introduced  by M. of A. HUNTER, L. ROSENTHAL, REYES, BARNWELL, FERNANDEZ
  -- read once and referred to the Committee  on  Housing  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section  1.  The  real property law is amended by adding a new article
6-A to read as follows:
                               ARTICLE 6-A
               PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
SECTION 210. SHORT TITLE.
        211. DEFINITIONS.
        212. APPLICABILITY.
        213. NECESSITY FOR GOOD CAUSE.
        214. GROUNDS FOR REMOVAL OF TENANTS.
        215. PRESERVATION OF EXISTING REQUIREMENTS OF LAW.
        216. WAIVER OF RIGHTS VOID.
  § 210. SHORT TITLE. THIS ARTICLE SHALL BE CITED AS THE "PROHIBITION OF
EVICTION WITHOUT GOOD CAUSE LAW".
  § 211. DEFINITIONS. 1. THE TERM "HOUSING ACCOMMODATION",  AS  USED  IN
THIS  ARTICLE  SHALL  MEAN  ANY RESIDENTIAL PREMISES, INCLUDING A MOBILE
HOME OR LAND IN A MOBILE HOME PARK.
  2. THE TERM "LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN  ANY  OWNER,
LESSOR,  SUBLESSOR,  ASSIGNOR,  OR OTHER PERSON RECEIVING OR ENTITLED TO
RECEIVE RENT FOR THE OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN  AGENT
OF ANY OF THE FOREGOING.
  3.  THE  TERM  "TENANT"  AS  USED IN THIS ARTICLE SHALL MEAN A TENANT,
SUB-TENANT, LESSEE, SUBLESSEE, ASSIGNEE,  MANUFACTURED  HOME  TENANT  AS
DEFINED  IN  PARAGRAPH ONE OF SUBDIVISION A OF SECTION TWO HUNDRED THIR-

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

                                                           LBD07492-03-9

A. 5030--A                          2

TY-THREE OF THIS CHAPTER, AN OCCUPANT OF A ROOMING  HOUSE  OR  HOTEL  AS
DEFINED IN SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND
PROCEEDINGS  LAW  OR ANY OTHER PERSON ENTITLED TO THE POSSESSION, USE OR
OCCUPANCY OF ANY HOUSING ACCOMMODATION.
  4.  THE  TERM  "RENT" AS USED IN THIS ARTICLE SHALL MEAN ANY CONSIDER-
ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR
OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM-
MODATIONS OR THE EXECUTION OR TRANSFER  OF  A  LEASE  FOR  SUCH  HOUSING
ACCOMMODATIONS.
  5.  THE  TERM  "DISABLED  PERSON" AS USED IN THIS ARTICLE SHALL MEAN A
PERSON WHO HAS AN IMPAIRMENT WHICH RESULTS FROM  ANATOMICAL,  PHYSIOLOG-
ICAL  OR  PSYCHOLOGICAL  CONDITIONS,  OTHER  THAN  ADDICTION TO ALCOHOL,
GAMBLING,  OR  ANY  CONTROLLED  SUBSTANCE,  WHICH  ARE  DEMONSTRABLE  BY
MEDICALLY  ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES, AND
WHICH ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE  OR
MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
  § 212. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL HOUSING ACCOMMO-
DATIONS EXCEPT:
  1. OWNER-OCCUPIED PREMISES WITH LESS THAN FOUR UNITS;
  2.  PREMISES  SUBLET  PURSUANT  TO SECTION TWO HUNDRED TWENTY-SIX-B OF
THIS CHAPTER, OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD  FAITH  TO
RECOVER  POSSESSION  OF  SUCH HOUSING ACCOMMODATION FOR HIS OWN PERSONAL
USE AND OCCUPANCY;
  3. PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY  INCI-
DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
  4.  PREMISES  OTHERWISE  SUBJECT  TO  REGULATION OF RENTS OR EVICTIONS
PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
AL LAW REQUIRES "GOOD CAUSE" FOR  TERMINATION  OR  NON-RENEWAL  OF  SUCH
TENANCIES.
  § 213. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT
OR  TO  RECOVER  POSSESSION, BY EXCLUSION FROM POSSESSION, BY FAILURE TO
RENEW ANY LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM  HOUSING  ACCOMMO-
DATIONS COVERED BY SECTION TWO HUNDRED TWELVE OF THIS ARTICLE EXCEPT FOR
GOOD CAUSE AS DEFINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE.
  §  214.  GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL REMOVE A
TENANT FROM ANY HOUSING ACCOMMODATION, OR ATTEMPT SUCH REMOVAL OR EXCLU-
SION FROM POSSESSION, NOTWITHSTANDING THAT THE  TENANT  HAS  NO  WRITTEN
LEASE  OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR OTHER-
WISE TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT  JURISDICTION
ENTERED  IN  AN  APPROPRIATE  JUDICIAL ACTION OR PROCEEDING IN WHICH THE
PETITIONER OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS  AS
GOOD CAUSE FOR REMOVAL OR EVICTION:
  (A)  THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED HOWEVER
THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM  A
RENT  INCREASE  WHICH  IS  UNCONSCIONABLE  OR IMPOSED FOR THE PURPOSE OF
CIRCUMVENTING THE INTENT OF THIS ARTICLE. IN DETERMINING WHETHER ALL  OR
PART  OF  THE RENT DUE AND OWING IS THE RESULT OF AN UNCONSCIONABLE RENT
INCREASE, IT SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  RENT  FOR  A
DWELLING NOT PROTECTED BY RENT REGULATION IS UNCONSCIONABLE IF SAID RENT
HAS  BEEN  INCREASED  IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING ONE
AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN  THE  CONSUMER  PRICE
INDEX  FOR  THE REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS
ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR IN QUESTION;
  (B) THE TENANT IS VIOLATING A SUBSTANTIAL OBLIGATION  OF  HIS  OR  HER
TENANCY,  OTHER  THAN  THE  OBLIGATION  TO SURRENDER POSSESSION, AND HAS
FAILED TO CURE SUCH VIOLATION AFTER WRITTEN NOTICE  THAT  THE  VIOLATION

A. 5030--A                          3

CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV-
ER,  THAT  THE  OBLIGATION OF TENANCY FOR WHICH VIOLATION IS CLAIMED WAS
NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE;
  (C)  THE TENANT IS COMMITTING_OR PERMITTING A NUISANCE IN SUCH HOUSING
ACCOMMODATION, OR IS MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGING THE
HOUSING ACCOMMODATION; OR THE TENANT'S CONDUCT IS SUCH AS  TO  INTERFERE
WITH  THE  COMFORT  OF THE LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE
SAME OR ADJACENT BUILDINGS OR STRUCTURES;
  (D) OCCUPANCY OF  THE  HOUSING  ACCOMMODATION  BY  THE  TENANT  IS  IN
VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
CIVIL  OR  CRIMINAL PENALTIES THEREFORE; PROVIDED HOWEVER THAT AN AGENCY
OF THE STATE OR MUNICIPALITY HAVING JURISDICTION  HAS  ISSUED  AN  ORDER
REQUIRING  THE  TENANT  TO  VACATE  THE HOUSING ACCOMMODATION. NO TENANT
SHALL BE REMOVED FROM POSSESSION OF  A  HOUSING  ACCOMMODATION  ON  SUCH
GROUND  UNLESS  THE  COURT  FINDS  THAT THE CURE OF THE VIOLATION OF LAW
REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH
NEGLECT OR DELIBERATE ACTION OR FAILURE  TO  ACT  CREATE  THE  CONDITION
NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT
UNDERTAKE  TO  CURE CONDITIONS OF THE HOUSING ACCOMMODATION CAUSING SUCH
VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY  OR  SECURE
PAYMENT  IN  A  MANNER SATISFACTORY TO THE COURT, TO CURE SUCH VIOLATION
PROVIDED THAT ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST  RENT  TO
WHICH  THE  LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF A TENANT
IS ABSOLUTELY ESSENTIAL TO HIS OR HER HEALTH AND SAFETY, THE REMOVAL  OF
THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY LEASEHOLD INTEREST OR OTHER
RIGHT  OF OCCUPANCY THE TENANT MAY HAVE AND THE TENANT SHALL BE ENTITLED
TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE  BEEN
REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE RIGHT OF A
TENANT  TO  BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD TO
COMPEL COMPLIANCE BY THE LANDLORD WITH ALL APPLICABLE STATE OR MUNICIPAL
LAWS OR HOUSING CODES;
  (E) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION TO  BE
USED FOR AN ILLEGAL PURPOSE;
  (F)  THE  TENANT  HAS  UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
HOUSING ACCOMMODATION FOR THE PURPOSE OF  MAKING  NECESSARY  REPAIRS  OR
IMPROVEMENTS  REQUIRED  BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING
ACCOMMODATION TO A PROSPECTIVE  PURCHASER,  MORTGAGEE  OR  OTHER  PERSON
HAVING A LEGITIMATE INTEREST THEREIN;
  (G)  THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A HOUS-
ING ACCOMMODATION LOCATED IN A BUILDING  CONTAINING  FEWER  THAN  TWELVE
UNITS  BECAUSE  OF IMMEDIATE AND COMPELLING NECESSITY FOR HIS OR HER OWN
PERSONAL USE AND OCCUPANCY AS HIS OR HER  PRINCIPAL  RESIDENCE,  OR  THE
PERSONAL  USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF HIS OR HER SPOUSE,
PARENT, CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-LAW, WHEN NO  OTHER
SUITABLE HOUSING ACCOMMODATION IN SUCH BUILDING IS AVAILABLE. THIS PARA-
GRAPH  SHALL PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL
NOT APPLY TO A HOUSING ACCOMMODATION OCCUPIED BY A TENANT WHO IS  SIXTY-
TWO YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON;
  (H)  THE  LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF ANY OR
ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING  WITH  LESS  THAN  FIVE
UNITS  TO  PERSONALLY  OCCUPY  SUCH HOUSING ACCOMMODATIONS AS HIS OR HER
PRINCIPAL RESIDENCE.
  2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF
THE OPERATION OF PARAGRAPH (G) OR (H) OF SUBDIVISION ONE OF THIS SECTION
SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR
DAMAGES,  DECLARATORY,  AND  INJUNCTIVE  RELIEF  AGAINST  A  LANDLORD OR

A. 5030--A                          4

PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT  REGARDING  A
PROPOSED  USE  OF THE HOUSING ACCOMMODATION. IN ANY ACTION OR PROCEEDING
BROUGHT PURSUANT TO THIS PROVISION A PREVAILING TENANT SHALL BE ENTITLED
TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES.
  3.  NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S RIGHT
PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
AND PROCEEDINGS LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION  OF  A
WARRANT  OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS A
NONPAYMENT, OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE  UNDERLY-
ING  BASIS  OF  WHICH  IS  THE NONPAYMENT OF RENT, SO LONG AS THE TENANT
COMPLIES WITH THE  PROCEDURAL  REQUIREMENTS  OF  SECTION  SEVEN  HUNDRED
FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
  §  215.  PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO ACTION SHALL
BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS-
ING ACCOMMODATIONS PURSUANT TO SECTION  TWO  HUNDRED  FOURTEEN  OF  THIS
ARTICLE,  UNLESS  THE  LANDLORD HAS COMPLIED WITH ANY AND ALL APPLICABLE
LAWS GOVERNING SUCH ACTION OR PROCEEDING AND HAS COMPLIED WITH  ANY  AND
ALL APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING WITHOUT LIMI-
TATION  THE  MANNER  AND  THE  TIME  OF  SERVICE  OF SUCH NOTICE AND THE
CONTENTS OF SUCH NOTICE.
  § 216. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE  OR
HEREINAFTER  ENTERED  INTO  IN A WRITTEN LEASE OR OTHER RENTAL AGREEMENT
WAIVING OR MODIFYING HIS OR HER RIGHTS AS  SET  FORTH  IN  THIS  ARTICLE
SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  § 2. Severability. If any provision of this act, or any application of
any  provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or  of
any  other  application of any provision of this act, which can be given
effect without that provision or  application;  and  to  that  end,  the
provisions and applications of this act are severable.
  § 3. This act shall take effect immediately and shall apply to actions
and proceedings commenced on or after such effective date.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5030B (ACTIVE) - Details

See Senate Version of this Bill:: S2892
Law Section:: Real Property Law
Laws Affected:: Add Art 6-A §§210 - 216, RP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A5573, S3082
2023-2024: A4454, S305

A5030B (ACTIVE) - Summary

Prohibits eviction without good cause.

A5030B (ACTIVE) - Bill Text download pdf


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

                                 5030--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2019
                               ___________

Introduced by M. of A. HUNTER, L. ROSENTHAL, REYES, BARNWELL, FERNANDEZ,
  NIOU,  BARRETT,  PRETLOW,  EPSTEIN, M. G. MILLER, SIMOTAS, RICHARDSON,
  ARROYO, DAVILA, CRUZ, TAYLOR,  CRESPO,  MOSLEY,  PICHARDO,  GOTTFRIED,
  GLICK,  McMAHON,  FRONTUS, CARROLL, JAFFEE, BICHOTTE, DINOWITZ, ORTIZ,
  BARRON, PERRY, HEVESI, BRONSON, SEAWRIGHT, RYAN, KIM, RIVERA,  JOYNER,
  DE LA ROSA,  FALL,  D'URSO,  WEPRIN,  ROZIC,  BLAKE,  DARLING, WALKER,
  RAMOS, QUART, RODRIGUEZ,  DenDEKKER,  JACOBSON,  STECK,  D. ROSENTHAL,
  COLTON,  O'DONNELL, LENTOL, COOK, AUBRY -- Multi-Sponsored by -- M. of
  A. NOLAN, SIMON -- read once and referred to the Committee on  Housing
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Housing  in  accordance  with  Assembly  Rule  3,  sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. The real property law is amended by adding  a  new  article
6-A to read as follows:
                               ARTICLE 6-A
               PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
SECTION 210. SHORT TITLE.
        211. DEFINITIONS.
        212. APPLICABILITY.
        213. NECESSITY FOR GOOD CAUSE.
        214. GROUNDS FOR REMOVAL OF TENANTS.
        215. PRESERVATION OF EXISTING REQUIREMENTS OF LAW.
        216. WAIVER OF RIGHTS VOID.
  § 210. SHORT TITLE. THIS ARTICLE SHALL BE CITED AS THE "PROHIBITION OF
EVICTION WITHOUT GOOD CAUSE LAW".

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

                                                           LBD07492-07-0

A. 5030--B                          2

  §  211.  DEFINITIONS.  1. THE TERM "HOUSING ACCOMMODATION", AS USED IN
THIS ARTICLE SHALL MEAN ANY RESIDENTIAL  PREMISES,  INCLUDING  A  MOBILE
HOME OR LAND IN A MOBILE HOME PARK.
  2.  THE  TERM "LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN ANY OWNER,
LESSOR, SUBLESSOR, ASSIGNOR, OR OTHER PERSON RECEIVING  OR  ENTITLED  TO
RECEIVE  RENT FOR THE OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN AGENT
OF ANY OF THE FOREGOING.
  3. THE TERM "TENANT" AS USED IN THIS  ARTICLE  SHALL  MEAN  A  TENANT,
SUB-TENANT,  LESSEE,  SUBLESSEE,  ASSIGNEE,  MANUFACTURED HOME TENANT AS
DEFINED IN PARAGRAPH ONE OF SUBDIVISION A OF SECTION TWO  HUNDRED  THIR-
TY-THREE  OF  THIS  CHAPTER,  AN OCCUPANT OF A ROOMING HOUSE OR HOTEL AS
DEFINED IN SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW OR ANY OTHER PERSON ENTITLED TO THE POSSESSION,  USE  OR
OCCUPANCY OF ANY HOUSING ACCOMMODATION.
  4.  THE  TERM  "RENT" AS USED IN THIS ARTICLE SHALL MEAN ANY CONSIDER-
ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR
OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM-
MODATIONS OR THE EXECUTION OR TRANSFER  OF  A  LEASE  FOR  SUCH  HOUSING
ACCOMMODATIONS.
  5.  THE  TERM  "DISABLED  PERSON" AS USED IN THIS ARTICLE SHALL MEAN A
PERSON WHO HAS AN IMPAIRMENT WHICH RESULTS FROM  ANATOMICAL,  PHYSIOLOG-
ICAL  OR  PSYCHOLOGICAL  CONDITIONS,  OTHER  THAN  ADDICTION TO ALCOHOL,
GAMBLING,  OR  ANY  CONTROLLED  SUBSTANCE,  WHICH  ARE  DEMONSTRABLE  BY
MEDICALLY  ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES, AND
WHICH ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE  OR
MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
  § 212. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL HOUSING ACCOMMO-
DATIONS EXCEPT:
  1. OWNER-OCCUPIED PREMISES WITH LESS THAN FOUR UNITS;
  2.  PREMISES  SUBLET  PURSUANT  TO SECTION TWO HUNDRED TWENTY-SIX-B OF
THIS CHAPTER, OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD  FAITH  TO
RECOVER  POSSESSION  OF  SUCH  HOUSING  ACCOMMODATION FOR HIS OR HER OWN
PERSONAL USE AND OCCUPANCY;
  3. PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY  INCI-
DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
  4.  PREMISES  OTHERWISE  SUBJECT  TO  REGULATION OF RENTS OR EVICTIONS
PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
AL LAW REQUIRES "GOOD CAUSE" FOR  TERMINATION  OR  NON-RENEWAL  OF  SUCH
TENANCIES.
  § 213. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT
OR  TO  RECOVER  POSSESSION, BY EXCLUSION FROM POSSESSION, BY FAILURE TO
RENEW ANY LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM  HOUSING  ACCOMMO-
DATIONS COVERED BY SECTION TWO HUNDRED TWELVE OF THIS ARTICLE EXCEPT FOR
GOOD CAUSE AS DEFINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE.
  §  214.  GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL REMOVE A
TENANT FROM ANY HOUSING ACCOMMODATION, OR ATTEMPT SUCH REMOVAL OR EXCLU-
SION FROM POSSESSION, NOTWITHSTANDING THAT THE  TENANT  HAS  NO  WRITTEN
LEASE  OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR OTHER-
WISE TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT  JURISDICTION
ENTERED  IN  AN  APPROPRIATE  JUDICIAL ACTION OR PROCEEDING IN WHICH THE
PETITIONER OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS  AS
GOOD CAUSE FOR REMOVAL OR EVICTION:
  (A)  THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED HOWEVER
THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM  A
RENT  INCREASE  WHICH  IS  UNREASONABLE  OR  IMPOSED  FOR THE PURPOSE OF
CIRCUMVENTING THE INTENT OF THIS ARTICLE. IN DETERMINING WHETHER ALL  OR

A. 5030--B                          3

PART  OF  THE  RENT  DUE AND OWING IS THE RESULT OF AN UNREASONABLE RENT
INCREASE, IT SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  RENT  FOR  A
DWELLING  NOT  PROTECTED BY RENT REGULATION IS UNREASONABLE IF SAID RENT
HAS BEEN INCREASED IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING EITHER
THREE  PERCENT OR ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN
THE CONSUMER PRICE INDEX FOR THE REGION IN WHICH  THE  HOUSING  ACCOMMO-
DATION IS LOCATED, AS ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR
IN QUESTION, WHICHEVER IS GREATER;
  (B)  THE  TENANT  IS  VIOLATING A SUBSTANTIAL OBLIGATION OF HIS OR HER
TENANCY, OTHER THAN THE OBLIGATION  TO  SURRENDER  POSSESSION,  AND  HAS
FAILED  TO  CURE  SUCH VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION
CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV-
ER, THAT THE OBLIGATION OF TENANCY FOR WHICH VIOLATION  IS  CLAIMED  WAS
NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE;
  (C)  THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN SUCH HOUSING
ACCOMMODATION, OR IS MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGING THE
HOUSING ACCOMMODATION; OR THE TENANT'S CONDUCT IS SUCH AS  TO  INTERFERE
WITH  THE  COMFORT  OF THE LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE
SAME OR ADJACENT BUILDINGS OR STRUCTURES;
  (D) OCCUPANCY OF  THE  HOUSING  ACCOMMODATION  BY  THE  TENANT  IS  IN
VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
CIVIL  OR  CRIMINAL PENALTIES THEREFORE; PROVIDED HOWEVER THAT AN AGENCY
OF THE STATE OR MUNICIPALITY HAVING JURISDICTION  HAS  ISSUED  AN  ORDER
REQUIRING  THE  TENANT  TO  VACATE  THE HOUSING ACCOMMODATION. NO TENANT
SHALL BE REMOVED FROM POSSESSION OF  A  HOUSING  ACCOMMODATION  ON  SUCH
GROUND  UNLESS  THE  COURT  FINDS  THAT THE CURE OF THE VIOLATION OF LAW
REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH
NEGLECT OR DELIBERATE ACTION OR FAILURE  TO  ACT  CREATE  THE  CONDITION
NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT
UNDERTAKE  TO  CURE CONDITIONS OF THE HOUSING ACCOMMODATION CAUSING SUCH
VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY  OR  SECURE
PAYMENT  IN  A  MANNER SATISFACTORY TO THE COURT, TO CURE SUCH VIOLATION
PROVIDED THAT ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST  RENT  TO
WHICH  THE  LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF A TENANT
IS ABSOLUTELY ESSENTIAL TO HIS OR HER HEALTH AND SAFETY, THE REMOVAL  OF
THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY LEASEHOLD INTEREST OR OTHER
RIGHT  OF OCCUPANCY THE TENANT MAY HAVE AND THE TENANT SHALL BE ENTITLED
TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE  BEEN
REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE RIGHT OF A
TENANT  TO  BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD TO
COMPEL COMPLIANCE BY THE LANDLORD WITH ALL APPLICABLE STATE OR MUNICIPAL
LAWS OR HOUSING CODES;
  (E) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION TO  BE
USED FOR AN ILLEGAL PURPOSE;
  (F)  THE  TENANT  HAS  UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
HOUSING ACCOMMODATION FOR THE PURPOSE OF  MAKING  NECESSARY  REPAIRS  OR
IMPROVEMENTS  REQUIRED  BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING
ACCOMMODATION TO A PROSPECTIVE  PURCHASER,  MORTGAGEE  OR  OTHER  PERSON
HAVING A LEGITIMATE INTEREST THEREIN;
  (G)  THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A HOUS-
ING ACCOMMODATION LOCATED IN A BUILDING  CONTAINING  FEWER  THAN  TWELVE
UNITS  BECAUSE  OF IMMEDIATE AND COMPELLING NECESSITY FOR HIS OR HER OWN
PERSONAL USE AND OCCUPANCY AS HIS OR HER  PRINCIPAL  RESIDENCE,  OR  THE
PERSONAL  USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF HIS OR HER SPOUSE,
PARENT, CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-LAW, WHEN NO  OTHER
SUITABLE HOUSING ACCOMMODATION IN SUCH BUILDING IS AVAILABLE. THIS PARA-

A. 5030--B                          4

GRAPH  SHALL PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL
NOT APPLY TO A HOUSING ACCOMMODATION OCCUPIED BY A TENANT WHO IS  SIXTY-
TWO YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON;
  (H)  THE  LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF ANY OR
ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING  WITH  LESS  THAN  FIVE
UNITS  TO  PERSONALLY  OCCUPY  SUCH HOUSING ACCOMMODATIONS AS HIS OR HER
PRINCIPAL RESIDENCE.
  2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF
THE OPERATION OF PARAGRAPH (G) OR (H) OF SUBDIVISION ONE OF THIS SECTION
SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR
DAMAGES,  DECLARATORY,  AND  INJUNCTIVE  RELIEF  AGAINST  A  LANDLORD OR
PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT  REGARDING  A
PROPOSED  USE  OF THE HOUSING ACCOMMODATION. IN ANY ACTION OR PROCEEDING
BROUGHT PURSUANT TO THIS PROVISION A PREVAILING TENANT SHALL BE ENTITLED
TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES.
  3. NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S  RIGHT
PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
AND  PROCEEDINGS  LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION OF A
WARRANT OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS  A
NONPAYMENT,  OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE UNDERLY-
ING BASIS OF WHICH IS THE NONPAYMENT OF RENT,  SO  LONG  AS  THE  TENANT
COMPLIES  WITH  THE  PROCEDURAL  REQUIREMENTS  OF  SECTION SEVEN HUNDRED
FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
  § 215. PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO  ACTION  SHALL
BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS-
ING  ACCOMMODATIONS  PURSUANT  TO  SECTION  TWO HUNDRED FOURTEEN OF THIS
ARTICLE, UNLESS THE LANDLORD HAS COMPLIED WITH ANY  AND  ALL  APPLICABLE
LAWS  GOVERNING  SUCH ACTION OR PROCEEDING AND HAS COMPLIED WITH ANY AND
ALL APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING WITHOUT LIMI-
TATION THE MANNER AND THE  TIME  OF  SERVICE  OF  SUCH  NOTICE  AND  THE
CONTENTS OF SUCH NOTICE.
  §  216. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE OR
HEREINAFTER ENTERED INTO IN A WRITTEN LEASE OR  OTHER  RENTAL  AGREEMENT
WAIVING  OR  MODIFYING  HIS  OR  HER RIGHTS AS SET FORTH IN THIS ARTICLE
SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  § 2. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not  affect
the  validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can  be  given
effect  without  that  provision  or  application;  and to that end, the
provisions and applications of this act are severable.
  § 3. This act shall take effect immediately and shall apply to actions
and proceedings commenced on or after such effective date.

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The New York State Senate

assembly Bill A5030B

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A5030B (ACTIVE) - Details

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HUNTER

Archive: Last Bill Status - In Assembly Committee

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Linda Rosenthal

Karines Reyes

Brian Barnwell

Nathalia Fernandez

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Co-Sponsors

Linda Rosenthal

Karines Reyes

Brian Barnwell

Nathalia Fernandez

Yuh-Line Niou

Didi Barrett

J. Gary Pretlow

Harvey Epstein

Michael G. Miller

Aravella Simotas

Diana Richardson

Carmen E. Arroyo

Maritza Davila

Catalina Cruz

Al Taylor

Marcos Crespo

Walter T. Mosley

Victor M. Pichardo

Richard Gottfried

Deborah Glick

Karen McMahon

Mathylde Frontus

Robert C. Carroll

Ellen C. Jaffee

Rodneyse Bichotte

Jamie Romeo

Jeffrey Dinowitz

Felix Ortiz

Charles Barron

N. Nick Perry

Andrew Hevesi

Harry B. Bronson

Rebecca Seawright

Sean Ryan

Ron Kim

Jose Rivera

Latoya Joyner

Carmen De La Rosa

Charles Fall

Anthony D'Urso

David Weprin

Nily Rozic

Michael Blake

Taylor Darling

Latrice Walker

Philip Ramos

Dan Quart

Robert J. Rodriguez

Michael DenDekker

Jonathan Jacobson

Phil Steck

Daniel Rosenthal

William Colton

Daniel O'Donnell

Joseph Lentol

Vivian Cook

Jeffrion Aubry

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Catherine Nolan

Jo Anne Simon

A5030A - Details

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