S T A T E O F N E W Y O R K
________________________________________________________________________
490--A
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, DINOWITZ -- Multi-Spon-
sored by -- M. of A. COLTON, GLICK, PERRY -- read once and referred
to the Committee on Housing -- 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 actions and proceedings law, in
relation to conditions precedent to the bringing of certain actions or
proceedings
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 as prescribed in section seven hundred thirty-
five of this article, AND AT THE TIME OF COMMENCEMENT OF THE PROCEEDING
THERE ARE NO VIOLATIONS OF ANY APPLICABLE STATE, CITY OR LOCAL CODES
RELATING TO HOUSING MAINTENANCE OR HOUSING STANDARDS, AND NO CONDITIONS
THAT CONTRAVENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY
LAW, IN THE SUBJECT APARTMENT OR IN THE COMMON AREAS OF THE SUBJECT
BUILDING, AND THERE IS NO LACK OF HEAT, RUNNING WATER, LIGHT, ELECTRIC-
ITY OR OF ADEQUATE SEWAGE DISPOSAL FACILITIES, OR AN INFESTATION BY
RODENTS, OR ANY OTHER CONDITION DANGEROUS TO LIFE, HEALTH OR SAFETY,
WHICH HAS EXISTED FOR FIVE DAYS, OR ANY COMBINATION OF SUCH CONDITIONS
IN ANY APARTMENTS IN THE SUBJECT BUILDING. IF AT THE TIME OF FILING
THERE EXIST VIOLATIONS OF ANY APPLICABLE STATE, CITY OR LOCAL BUILDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00538-05-2
A. 490--A 2
OR HOUSING CODES WITH RESPECT TO THE SUBJECT APARTMENT OR THE COMMON
AREAS OF THE SUBJECT BUILDING OR THERE IS NO LACK OF HEAT, RUNNING
WATER, LIGHT, ELECTRICITY OR OF ADEQUATE SEWAGE DISPOSAL FACILITIES, OR
AN INFESTATION BY RODENTS, OR ANY OTHER CONDITION DANGEROUS TO LIFE,
HEALTH OR SAFETY, WHICH HAS EXISTED FOR FIVE DAYS, OR ANY COMBINATION OF
SUCH CONDITIONS IN ANY APARTMENTS IN THE SUBJECT BUILDING, A LANDLORD
MAY COMMENCE A PROCEEDING UNDER THIS SUBDIVISION BY FILING, WITH THE
PETITION AND NOTICE OF PETITION PRESCRIBED BY SECTION SEVEN HUNDRED
THIRTY-ONE OF THIS ARTICLE, AN AFFIDAVIT INCLUDING FACTS ESTABLISHING
THAT SAID VIOLATION OR VIOLATIONS WERE RECORDED ERRONEOUSLY OR THAT A
STATE, CITY OR LOCAL AGENCY, AUTHORITY OR DEPARTMENT ERRONEOUSLY FAILED
TO REMOVE SAID VIOLATION OR VIOLATIONS. A PROCEEDING UNDER THIS SUBDIVI-
SION CANNOT BE MAINTAINED IF THE COURT FINDS THAT THE ALLEGATIONS IN
SAID AFFIDAVIT ARE UNTRUE OR IF THE COURT FINDS THAT AT THE TIME OF
COMMENCEMENT OF THE PROCEEDING THERE WERE VIOLATIONS OF ANY APPLICABLE
STATE, CITY OR LOCAL CODES RELATING TO HOUSING MAINTENANCE OR HOUSING
STANDARDS OR CONTRAVENTIONS OF SECTION TWO HUNDRED THIRTY-FIVE-B OF THE
REAL PROPERTY LAW, IN THE SUBJECT APARTMENT OR IN THE COMMON AREAS OF
THE SUBJECT BUILDING, OR EXTREMELY HAZARDOUS VIOLATIONS IN ANY APART-
MENTS IN THE SUBJECT BUILDING. Any person succeeding to the landlord's
interest in the premises may proceed under this subdivision for rent due
his predecessor in interest if he 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 proceed-
ing 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.
§ 2. Subdivisions 4 and 5 of section 741 of the real property actions
and proceedings law, are renumbered subdivisions 5 and 6 and a new
subdivision 4 is added to read as follows:
4. STATE THAT AT THE TIME OF COMMENCEMENT OF THE PROCEEDING THERE ARE
NO VIOLATIONS OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO
HOUSING MAINTENANCE OR HOUSING STANDARDS, AND NO CONDITIONS THAT CONTRA-
VENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW, IN THE
SUBJECT APARTMENT OR IN THE COMMON AREAS OF THE SUBJECT BUILDING, AND NO
EXTREMELY HAZARDOUS VIOLATIONS IN ANY APARTMENTS IN THE SUBJECT BUILD-
ING, OR STATE THAT AN AFFIDAVIT HAS BEEN FILED AS PRESCRIBED BY SECTION
SEVEN HUNDRED ELEVEN OF THIS ARTICLE.
§ 3. This act shall take effect immediately.