Senate Bill S8192B

Signed By Governor
2019-2020 Legislative Session

Prohibits certain evictions during the COVID-19 emergency

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Votes

Bill Amendments

co-Sponsors

2019-S8192 - Details

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

2019-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.

2019-S8192 - Sponsor Memo

2019-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

2019-S8192A - Details

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

2019-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.

2019-S8192A - Sponsor Memo

2019-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

2019-S8192B (ACTIVE) - Details

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

2019-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.

2019-S8192B (ACTIVE) - Sponsor Memo

2019-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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