S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1336
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to proceedings to recover possession
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of section 711 of the  real  property
 actions and proceedings law, as amended by section 12 of part M of chap-
 ter 36 of the laws of 2019, is amended to read as follows:
   [A]  NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED FROM
 POSSESSION EXCEPT IN A SPECIAL  PROCEEDING  OR  THROUGH  OTHER  JUDICIAL
 PROCESS.  FOR  THE  PURPOSES  OF THIS ARTICLE, A tenant shall include an
 occupant of one or more rooms in a rooming  house  or  a  resident,  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 dwelling or housing accommodation shall be removed
 from possession except in a special proceeding].  A  special  proceeding
 may be maintained under this article upon the following grounds:
   §  2.  Subdivision  1  of section 721 of the real property actions and
 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 to read as follows:
   1. The landlord or lessor,  PROVIDED,  HOWEVER,  THAT  NO  PERSON  MAY
 INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
 LOCATED  IN  A  MULTIPLE  DWELLING  UNTIL  SUCH TIME AS THE OWNER OF THE
 MULTIPLE DWELLING HAS REGISTERED PROPERLY WITH  THE  AGENCY  RESPONSIBLE
 FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE
 HUNDRED  OF  THE  MULTIPLE RESIDENCE LAW OR SECTION THREE HUNDRED OF THE
 MULTIPLE DWELLING LAW.
   § 3. Subdivision 1 of section 731 of the  real  property  actions  and
 proceedings  law,  as  amended  by  chapter  563 of the laws of 1994, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00667-01-1

 A. 1336                             2
 
   1.  The  special  proceeding  prescribed  by  this  article  shall  be
 commenced  by  petition  and a notice of petition PREPARED IN ACCORDANCE
 WITH RULES APPROVED BY THE APPELLATE DIVISION WITH JURISDICTION OVER THE
 PROCEEDINGS. SUCH RULES SHALL PROVIDE FOR THE USE OF  LANGUAGE  THAT  IS
 DESIGNED TO BE UNDERSTOOD BY THE RESPONDENT IN THE PROCEEDING. THE PETI-
 TION  SHALL INCLUDE SUCH OTHER NOTICE OF THE RIGHTS OF THE RESPONDENT AS
 MAY BE DEEMED APPROPRIATE, INCLUDING A STATEMENT THAT A FORM  ANSWER  IS
 AVAILABLE  FROM  THE  CLERK  OF THE COURT.   A notice of petition may be
 issued only by an attorney, judge or the clerk of the court; it may  not
 be issued by a party prosecuting the proceeding in person.
   § 4. Section 741 of the real property actions and proceedings  law, as
 added  by  chapter  312  of  the  laws of 1962, the opening paragraph as
 amended by chapter 583 of the laws of 1979 and subdivision 5 as  amended
 by chapter 302 of the laws of 1976, is amended to read as follows:
   §  741.   Contents of petition.  The petition shall be verified by the
 person authorized by section seven hundred twenty-one OF THIS ARTICLE to
 maintain the proceeding; or by a legal representative, attorney or agent
 of such person pursuant to subdivision (d) of section  [thirty  hundred]
 THREE  THOUSAND twenty of the civil practice law and rules.  An attorney
 of such person  may  verify  the  petition  on  information  and  belief
 notwithstanding  the  fact  that  such person is in the county where the
 attorney has his OR HER office.  Every petition shall:
   1.  State the interest of the petitioner in the  premises  from  which
 removal is sought.
   2.   State the respondent's interest in the premises and his relation-
 ship to petitioner with regard thereto.
   3.  Describe the premises from which removal is sought.
   4. STATE WHETHER THERE ARE ANY VIOLATIONS OF ANY STATE OR LOCAL  HOUS-
 ING  CODES  WHICH REMAIN OUTSTANDING ON THE PREMISES OR COMMON AREAS. IN
 CITIES WITH A POPULATION OF ONE MILLION OR MORE, OR IN ANY  MUNICIPALITY
 IN  WHICH  HOUSING CODE VIOLATIONS ARE CLASSIFIED BY DEGREE OF THREAT TO
 HEALTH AND SAFETY, THE PETITION SHALL ITEMIZE ANY SUCH VIOLATIONS  WHICH
 HAVE  BEEN  IDENTIFIED  BY THE APPLICABLE CODE ENFORCEMENT AGENCY IN ITS
 NOTICE OF VIOLATION AS BEING  "HAZARDOUS",  "IMMEDIATELY  HAZARDOUS"  OR
 WHICH  HAVE  BEEN  OTHERWISE  CATEGORIZED  AS CONSTITUTING A SERIOUS, OR
 IMMINENT, THREAT TO HEALTH AND SAFETY OR REQUIRING IMMEDIATE REPAIR.
   5. STATE WHETHER THE PETITIONER HAS BEEN NOTIFIED BY THE LOCAL DEPART-
 MENT OF SOCIAL SERVICES THAT PAYMENT FOR RENT IS BEING WITHHELD PURSUANT
 TO SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL SERVICES LAW FOR  ANY
 PORTION OF THE PREMISES.
   6.  WITH RESPECT TO PREMISES SUBSIDIZED DIRECTLY OR INDIRECTLY UNDER A
 STATE OR FEDERAL PROGRAM  WHICH  REQUIRES  THAT  CONDITIONS  BE  MET  IN
 CONNECTION  WITH  LEASE  TERMINATION  OR EVICTION, STATE THE NAME OF THE
 PROGRAM, THE NAME OF THE AGENCY CHARGED WITH SUPERVISION AND WHETHER THE
 PETITIONER HAS COMPLIED  WITH  ALL  APPLICABLE  RULES,  REGULATIONS  AND
 ADMINISTRATIVE  HEARING REQUIREMENTS AND HAS SERVED ALL NOTICES REQUIRED
 IN CONNECTION WITH LEASE TERMINATION OR EVICTION  FROM  THAT  PUBLIC  OR
 SUBSIDIZED HOUSING PROGRAM.
   7.  State the facts upon which the special proceeding is based.
   [5.]  8.   State the relief sought.  The relief may include a judgment
 for rent due, and for a period of occupancy during which no rent is due,
 for the fair value of use and occupancy of the premises if the notice of
 petition contains a notice that a demand for such a  judgment  has  been
 made.
   ANY  WILLFUL  MATERIAL MISSTATEMENT OR OMISSION BY THE PETITIONER WITH
 RESPECT TO THE REQUIREMENTS OF THIS SECTION SHALL SUBJECT THE PETITIONER

 A. 1336                             3
 
 TO A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS, TO  BE  ASSESSED
 IN  THE EVICTION PROCEEDING OR IN A SUBSEQUENT PLENARY ACTION. THE PETI-
 TIONER MAY REQUEST LEAVE OF THE COURT TO  AMEND  THE  PETITION  FOR  THE
 PURPOSE OF CORRECTING MATERIAL MISSTATEMENTS OR CURING OMISSIONS. IN THE
 EVENT  LEAVE  TO  AMEND  IS GRANTED, THE RESPONDENT SHALL BE PROVIDED AN
 ADJOURNMENT TO RESPOND OF NOT LESS  THAN  TEN  DAYS  FROM  THE  DATE  OF
 SERVICE  OF  THE  AMENDED PETITION. A PETITIONER SHALL BE DEEMED TO HAVE
 MADE A MATERIAL MISSTATEMENT OR OMISSION WITH RESPECT  TO  THE  REQUIRE-
 MENTS  OF  SUBDIVISION FOUR OF THIS SECTION UPON SUBMISSION TO THE COURT
 OF CERTIFIED RECORDS, OR OTHERWISE PROPERLY  AUTHENTICATED  RECORDS,  OF
 THE   LOCAL  AGENCY  OR  AGENCIES  CHARGED  WITH  CODE  COMPLIANCE  THAT
 VIOLATIONS OF APPLICABLE CODES, OTHER THAN TENANT CAUSED OR HOUSEKEEPING
 AS DETERMINED BY THE COURT, WERE OUTSTANDING AT THE TIME OF THE  VERIFI-
 CATION  OF  THE  PETITION  WHICH  WERE NOT DESCRIBED THEREIN. A MATERIAL
 MISSTATEMENT SHALL BE DEEMED WILLFUL UNLESS THE PETITIONER CAN ESTABLISH
 BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH MISSTATEMENT WAS NOT  WILL-
 FUL. IN ADDITION TO THE FOREGOING, IN THE EVENT THAT AN EVICTION WARRANT
 IS  EXECUTED IN A PROCEEDING IN WHICH A WILLFUL MATERIAL MISSTATEMENT IS
 MADE, THE RESPONDENT SHALL BE ENTITLED TO DAMAGES  NOT  EXCEEDING  THREE
 TIMES  THE  COSTS  INCURRED AS A RESULT OF THE EVICTION UNLESS THE PETI-
 TIONER CAN ESTABLISH THAT THE EVICTION WOULD HAVE BEEN JUSTIFIED REGARD-
 LESS OF THE MISSTATEMENT.
   § 5. Section 743 of the real property actions and proceedings law,  as
 amended  by  section  16 of part M of chapter 36 of the laws of 2019, is
 amended to read as follows:
   § 743. Answer. Except as provided in section seven hundred  thirty-two
 of  this  article,  relating to a proceeding for non-payment of rent, at
 the time when the petition is to be heard the respondent, or any  person
 in possession or claiming possession of the premises, may answer, orally
 or  in  writing.  If  the  answer is oral the substance thereof shall be
 recorded by the clerk or, if a particular court has  no  clerk,  by  the
 presiding  judge  or  justice  of such court, and maintained in the case
 record.  A FORM ANSWER, IN A FORM APPROVED  BY  THE  APPELLATE  DIVISION
 WITH  JURISDICTION  OVER  THE PROCEEDING, SHALL BE MADE AVAILABLE TO THE
 RESPONDENT BY THE CLERK OF THE COURT.  THE  FORM  ANSWER  SHALL  INCLUDE
 POSSIBLE  DEFENSES  TO  THE  PROCEEDING,  INCLUDING  BUT  NOT LIMITED TO
 DEFENSES ESTABLISHED  BY  SECTIONS  TWO  HUNDRED  TWENTY-THREE  AND  TWO
 HUNDRED  THIRTY-FIVE-B  OF  THE  REAL  PROPERTY LAW, SECTION ONE HUNDRED
 FORTY-THREE-B OF THE SOCIAL SERVIES LAW AND SECTION THREE HUNDRED FIVE-A
 OF THE MULTIPLE RESIDENCE LAW. The answer may contain any legal or equi-
 table defense, or counterclaim. The court may render  affirmative  judg-
 ment for the amount found due on the counterclaim.
   §  6.  Subdivision  1  of section 745 of the real property actions and
 proceedings law, as amended by section 17 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   1. Where triable issues of fact are raised, they shall be tried by the
 court unless, at the time the petition is noticed to be heard,  a  party
 demands a trial by jury, in which case trial shall be by jury.  WHEN THE
 PETITION INDICATES PURSUANT TO SUBDIVISION FOUR OF SECTION SEVEN HUNDRED
 FORTY-ONE  OF  THIS ARTICLE, THAT THERE ARE OUTSTANDING CODE VIOLATIONS,
 THE COURT SHALL INQUIRE REGARDING  THE  DURATION  AND  SEVERITY  OF  THE
 OUTSTANDING  VIOLATIONS  AND  MAY STAY THE PROCEEDING PENDING REMOVAL OF
 THE VIOLATIONS IN ACCORDANCE WITH SECTION SEVEN  HUNDRED  FIFTY-FIVE  OF
 THIS  ARTICLE,  OR  MAKE  OTHER  DISPOSITION OF THE PROCEEDING INCLUDING
 GRANTING A TOTAL OR PARTIAL ABATEMENT  OF  RENT,  OR  DISMISSAL  OF  THE
 PROCEEDING,  AS APPROPRIATE. At the time when issue is joined the court,

 A. 1336                             4
 
 at the request of either party shall adjourn the trial of the issue, not
 less than fourteen days, except by consent of  all  parties.  A  party's
 second  or  subsequent  request  for adjournment shall be granted in the
 court's sole discretion.
   §  7. Section 749 of the real property actions and proceedings  law is
 amended by adding two new subdivisions 4 and 5 to read as follows:
   4. THE NOTICE DESCRIBED IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL
 INCLUDE  A  STATEMENT ADVISING THE RESPONDENT THAT ASSISTANCE TO PREVENT
 THE EVICTION OR OTHERWISE TO PREVENT THE RESPONDENT FROM BECOMING  HOME-
 LESS  MAY  BE AVAILABLE FROM THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND
 SHALL INCLUDE THE PHONE NUMBER PROVIDED TO THE  ENFORCEMENT  OFFICER  BY
 ANY PRIVATE OR PUBLIC AGENCY PROVIDING SUCH ASSISTANCE AT THE REQUEST OF
 SUCH  AGENCY.  REFERRAL  TO  LEGAL  AID,  LEGAL  SERVICES OR OTHER LEGAL
 ASSISTANCE OFFICES SHALL ALSO BE INCLUDED ON SUCH NOTICES AT THE REQUEST
 OF SUCH OFFICES. IN A PROCEEDING BASED  UPON  NON-PAYMENT,  SUCH  NOTICE
 SHALL  ALSO  ADVISE  THE  RESPONDENT OF THE RENT DETERMINED DUE TOGETHER
 WITH TAXES, ASSESSMENTS, INTEREST, PENALTIES  AND  COSTS  IN  ACCORDANCE
 WITH THE PROVISION OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-ONE
 OF  THIS ARTICLE, AND SHALL ADVISE THE RESPONDENT OF THE AMOUNT REQUIRED
 AND PROCEDURE FOR PAYMENT.
   5. UPON WRITTEN OR ORAL NOTIFICATION TO THE OFFICER BY  AN  AUTHORIZED
 REPRESENTATIVE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT AN APPLI-
 CATION  FOR  ASSISTANCE  TO PREVENT EVICTION IS PENDING ON BEHALF OF THE
 RESPONDENT HOUSEHOLD, THE OFFICER SHALL REFRAIN FROM  EXECUTION  OF  THE
 WARRANT  UNTIL  SUCH  TIME  AS  THAT  OFFICER  IS  ADVISED BY THE SOCIAL
 SERVICES OFFICIAL OF THE DETERMINATION OF  SUCH  APPLICATION,  PROVIDED,
 HOWEVER,  THAT  THE  SOCIAL SERVICES DISTRICT SHALL GUARANTEE PAYMENT TO
 THE PETITIONER FOR ANY ADDITIONAL RENT ACCRUING DURING THIS PERIOD TO BE
 CALCULATED ON A PRO-RATA BASIS FOR THE NUMBER OF DAYS  DELAY  OCCASIONED
 BY THE OPERATION OF THIS PROVISION.
   §  8.  The  opening  paragraph and subdivision 1 of section 751 of the
 real property actions and proceedings  law, as added by chapter  312  of
 the laws of 1962, are amended to read as follows:
    The  respondent  may,  at  any  time  before  a  warrant  is [issued]
 EXECUTED,  stay  the  [issuing]  EXECUTION  thereof  and  also  stay  an
 execution to collect the costs, as follows:
   1.    Where  the  lessee  or  tenant holds over after a default in the
 payment of rent, or of taxes or assessments, he OR SHE may effect a stay
 by depositing the amount of the rent due or of  such  taxes  or  assess-
 ments,  and  interest  and penalty, if any thereon due, and the costs of
 the special proceeding, with the clerk of the court, or where the office
 of clerk is not provided for, with the court, who shall thereupon,  upon
 demand,  pay  the  amount deposited to the petitioner or his OR HER duly
 authorized agent; or by delivering to the court or clerk [his] A WRITTEN
 ASSURANCE BY AN AUTHORIZED REPRESENTATIVE OF  THE  LOCAL  DEPARTMENT  OF
 SOCIAL  SERVICES  OR AN undertaking to the petitioner in such sum as the
 court approves to the effect that [he will pay] the rent[, or] DUE  WILL
 BE PAID TOGETHER WITH such taxes or assessments, and interest and penal-
 ty  and costs within ten days, at the expiration of which time a warrant
 may issue, unless [he] THE RESPONDENT produces to the court satisfactory
 evidence of the payment.
   § 9. This act shall take effect on the first of February next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 actions  and  proceedings  commenced  on  or  after such effective date,
 provided, however, that effective immediately, all  actions  and  proce-
 dures  with  respect  to the proposed adoption, amendment, suspension or

 A. 1336                             5
 
 repeal of any rule or regulation necessary to the timely  implementation
 of this act on its effective date are directed and authorized to be made
 and completed on or before such effective date.