senate Bill S8473

2019-2020 Legislative Session

Relates to the default of rent payments and judgments of possession for tenants who are small businesses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2020 referred to housing, construction and community development

S8473 (ACTIVE) - Details

See Assembly Version of this Bill:
A10387
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L

S8473 (ACTIVE) - Summary

Provides that no default in the payment of rent due or judgment of possession shall be entered against a tenant who is a small business 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.

S8473 (ACTIVE) - Sponsor Memo

S8473 (ACTIVE) - Bill Text download pdf


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

                                  8473

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

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 THAT IS A SMALL BUSINESS, AS DEFINED BY SECTION ONE HUNDRED THIR-
TY-ONE  OF THE ECONOMIC DEVELOPMENT LAW, 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  PURSU-
ANT  TO  EXECUTIVE  ORDER  TWO  HUNDRED  TWO  OF TWO THOUSAND TWENTY, AS
AMENDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16242-01-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.