senate Bill S8192B

Signed By Governor
2019-2020 Legislative Session

Prohibits certain evictions during the COVID-19 emergency

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Sponsored By

Current Bill Status - 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
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.649
May 26, 2020 reported and committed to rules
May 24, 2020 print number 8192b
May 24, 2020 amend (t) and recommit to judiciary
May 08, 2020 print number 8192a
May 08, 2020 amend (t) and recommit to judiciary
Apr 13, 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 Judiciary committee vote details

Judiciary 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 Rules committee vote details

Co-Sponsors

view additional co-sponsors

S8192 - Details

See Assembly Version of this Bill:
A10290
Law Section:
Real Property Actions and Proceedings Law

S8192 - 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.

S8192 - Sponsor Memo

S8192 - Bill Text download pdf


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

                                  8192

                            I N  S E N A T E

                             April 13, 2020
                               ___________

Introduced  by  Sens.  HOYLMAN,  KRUEGER,  MAYER,  LIU,  MYRIE,  SAVINO,
  SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
  committed 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:

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

Co-Sponsors

view additional co-sponsors

S8192A - Details

See Assembly Version of this Bill:
A10290
Law Section:
Real Property Actions and Proceedings Law

S8192A - 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.

S8192A - Sponsor Memo

S8192A - Bill Text download pdf


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

                                 8192--A

                            I N  S E N A T E

                             April 13, 2020
                               ___________

Introduced  by  Sens.  HOYLMAN,  KRUEGER,  MAYER, JACKSON, LIU, METZGER,
  MYRIE, SAVINO, SEPULVEDA -- read twice and ordered printed,  and  when
  printed  to  be  committed  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

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

Co-Sponsors

view additional co-sponsors

S8192B (ACTIVE) - Details

See Assembly Version of this Bill:
A10290
Law Section:
Real Property Actions and Proceedings Law

S8192B (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.

S8192B (ACTIVE) - Sponsor Memo

S8192B (ACTIVE) - Bill Text download pdf


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

                                 8192--B

                            I N  S E N A T E

                             April 13, 2020
                               ___________

Introduced  by  Sens.  HOYLMAN,  KRUEGER,  MAYER, JACKSON, LIU, METZGER,
  MYRIE, SAVINO, SEPULVEDA -- read twice and ordered printed,  and  when
  printed  to  be  committed  to the Committee on Judiciary -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  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.

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