BILL NUMBER: S4268

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to reducing the period of notice required to be given when a
written demand for rent is served on a tenant after the tenant has
defaulted in the payment of rent and the period of notice to be given
serving a warrant issued pursuant to a final judgment of eviction from
fourteen days to seven days

 
PURPOSE:

To reduce the period of notice required to be given to a tenant by a
landlord when a written demand for rent is served on a tenant after the
tenant has defaulted in the payment of rent from fourteen days to seven
days. Additionally, the bill would reduce the period of notice required
to be given when serving a warrant pursuant to a final judgment of
eviction from fourteen days to seven days.

 
              

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 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, to reduce the period of notice required to
be given to a tenant by a landlord when a written demand for rent is
served on a tenant after the tenant has defaulted in the payment of rent
from fourteen days to seven days.

Section 2: Amends subdivision 2 of section 749 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, to reduce the period of notice required to
be given when serving a warrant pursuant to a final judgment of eviction
from fourteen days to seven days.

Section 3: Provides the effective date.

 
JUSTIFICATION:

On June 14, 2019, Governor Andrew Cuomo signed into law the Housing
Stability and Tenant Protection Act of 2019. While many of the
protections in the new law focus on rent stabilization and rent control
for residents in New York City, several key provisions affect Upstate
New York landlords with both commercial and residential leases. Under
the prior law, when a tenant failed to pay rent, a landlord was required
to give 3 days' notice requiring either payment of rent or possession of
the premises. Now, under the new law, there must be a written demand for
rent with at least 14 days' notice.  Additionally, a tenant now has 14
days to vacate after notice of a warrant. Previously, the tenant had 72
hours to vacate the premises prior to execution.

Taken together, the Housing Stability and Tenant Protection Act of 2019
has extended the time tenants may remain at a premises despite non-pay-
ment. In the case of a residential summary proceeding, if rent is due on
the 1st of the month, a demand for rent or a late fee cannot be charged
until the 6th. After that, assuming the tenant does not pay, a notice
may be sent and the landlord must give the tenant 14 days without
further action under the new law. After 14 days pass (or on the 20th of
the month assuming consecutive action), the landlord may commence a
summary proceeding by serving a notice.  However, the landlord must then
wait at least 10 days before a hearing, bringing us to the 24th of the
month. Assuming that a hearing is actually scheduled on the 10th day and
assuming a warrant is issued and served the same day, the landlord must
wait an additional 14 days before the warrant may be executed, bringing
us to the ninth or 10th day of the following month.

In this scenario, assuming timely and consecutive actions are taken, a
proceeding may take a month and a half. After speaking to many landlords
in the Mohawk Valley and throughout Upstate New York, I have been
advised that evictions are a last resort and that realistically a
proceeding would take much longer and with the time needed for any need-
ed repairs and the advertisement of a unit, a landlord could potentially
face over 3 months in which they will not receive rent for a unit.

Many Upstate landlords only own a few units locally, and non-payment of
rent causes issues as it is income that a landlord personally relies
upon. While in the past, many of these landlords would have been more
flexible and understanding of struggles faced by their tenants, they are
now left in a position where the length of time required to begin and
complete a proceeding makes flexibility a huge risk and liability.
Reducing the required periods of notice after a written demand for rent
and after the granting of an eviction by a court, would lessen the
burden and financial repercussion that landlords would face.

 
LEGISLATIVE HISTORY:

2020 - S.7854 - Housing Construction and Community Development Commit-
tee.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately.