S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8287
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the real property law, in relation  to  requiring  land-
   lords to pay a fee if they evict a tenant without good cause
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The real property law is amended by adding  a  new  section
 238-b to read as follows:
   §  238-B.  NO  CAUSE EVICTION FEE. 1. DEFINITIONS. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "LANDLORD" SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR,  ASSIGNOR,  OR
 OTHER  PERSON RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY OF
 ANY HOUSING ACCOMMODATION, OR AN AGENT OF ANY OF THE FOREGOING.
   (B) "TENANT" SHALL MEAN A TENANT, SUBTENANT, LESSEE, SUBLESSEE, ASSIG-
 NEE, MANUFACTURED HOME TENANT, AS DEFINED IN PARAGRAPH ONE  OF  SUBDIVI-
 SION  A OF SECTION TWO HUNDRED THIRTY-THREE OF THIS ARTICLE, AN OCCUPANT
 OF A ROOMING HOUSE OR HOTEL, AS DEFINED IN SECTION SEVEN HUNDRED  ELEVEN
 OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW, OR ANY OTHER PERSON
 ENTITLED TO THE POSSESSION, USE, OR OCCUPANCY OF  ANY  HOUSING  ACCOMMO-
 DATION.
   (C)  "NO  CAUSE  EVICTION"  SHALL  MEAN EVICTION EXCEPT FOR ANY OF THE
 FOLLOWING GROUNDS:
   (I) THE TENANT HAS FAILED TO PAY RENT DUE AND OWING; PROVIDED,  HOWEV-
 ER,  THAT  THE  RENT  DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT
 FROM A RENT INCREASE WHICH IS UNREASONABLE OR IMPOSED FOR THE PURPOSE OF
 CIRCUMVENTING THE INTENT OF THIS SECTION. IN DETERMINING WHETHER ALL  OR
 PART  OF  THE  RENT  DUE AND OWING IS THE RESULT OF AN UNREASONABLE RENT
 INCREASE, IT SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  RENT  FOR  A
 DWELLING  NOT  PROTECTED BY RENT REGULATION IS UNREASONABLE IF SAID RENT
 HAS BEEN INCREASED IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING EITHER
 THREE PERCENT, OR ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN
 THE CONSUMER PRICE INDEX FOR THE REGION IN WHICH  THE  HOUSING  ACCOMMO-
 DATION IS LOCATED, AS ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR
 IN QUESTION, WHICHEVER IS GREATER;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13012-01-3
 A. 8287                             2
 
   (II)  THE  TENANT  IS VIOLATING A SUBSTANTIAL OBLIGATION OF HIS OR HER
 TENANCY, OTHER THAN THE OBLIGATION  TO  SURRENDER  POSSESSION,  AND  HAS
 FAILED  TO  CURE  SUCH VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION
 CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE; PROVIDED HOWEV-
 ER,  THAT  THE  OBLIGATION OF TENANCY FOR WHICH VIOLATION IS CLAIMED WAS
 NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS SECTION;
   (III) THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN SUCH  HOUS-
 ING ACCOMMODATION, OR IS MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGING
 THE  HOUSING ACCOMMODATION, OR THE TENANT'S CONDUCT IS SUCH AS TO INTER-
 FERE WITH THE COMFORT OF THE LANDLORD OR OTHER TENANTS OR  OCCUPANTS  OF
 THE SAME OR ADJACENT BUILDINGS OR STRUCTURES;
   (IV)  OCCUPANCY  OF  THE  HOUSING  ACCOMMODATION  BY  THE TENANT IS IN
 VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
 CIVIL OR CRIMINAL PENALTIES THEREFOR; PROVIDED, HOWEVER, THAT AN  AGENCY
 OF  THE  STATE  OR  MUNICIPALITY HAVING JURISDICTION HAS ISSUED AN ORDER
 REQUIRING THE TENANT TO VACATE THE HOUSING ACCOMMODATION;
   (V) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION TO  BE
 USED FOR AN ILLEGAL PURPOSE;
   (VI)  THE  TENANT  HAS UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
 HOUSING ACCOMMODATION FOR THE PURPOSE OF  MAKING  NECESSARY  REPAIRS  OR
 IMPROVEMENTS  REQUIRED BY LAW, OR FOR THE PURPOSE OF SHOWING THE HOUSING
 ACCOMMODATION TO A PROSPECTIVE PURCHASER,  MORTGAGEE,  OR  OTHER  PERSON
 HAVING A LEGITIMATE INTEREST THEREIN;
   (VII)  THE  LANDLORD  SEEKS  IN  GOOD FAITH TO RECOVER POSSESSION OF A
 HOUSING ACCOMMODATION LOCATED IN A BUILDING CONTAINING FEWER THAN TWELVE
 UNITS BECAUSE OF IMMEDIATE AND COMPELLING NECESSITY FOR HIS OR  HER  OWN
 PERSONAL  USE  AND  OCCUPANCY  AS HIS OR HER PRINCIPAL RESIDENCE, OR THE
 PERSONAL USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF HIS OR HER  SPOUSE,
 PARENT,  CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-LAW, WHEN NO OTHER
 SUITABLE HOUSING ACCOMMODATION IN SUCH BUILDING IS AVAILABLE. THIS PARA-
 GRAPH SHALL PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION; OR
   (VIII) THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION  OF  ANY
 OR  ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING WITH LESS THAN FIVE
 UNITS TO PERSONALLY OCCUPY SUCH HOUSING ACCOMMODATIONS  AS  HIS  OR  HER
 PRINCIPAL RESIDENCE.
   2.  APPLICABILITY.  THIS  ARTICLE  SHALL APPLY TO ALL HOUSING ACCOMMO-
 DATIONS EXCEPT:
   (A) OWNER-OCCUPIED PREMISES WITH LESS THAN FOUR UNITS;
   (B) PREMISES SUBLET PURSUANT TO SECTION TWO  HUNDRED  TWENTY-SIX-B  OF
 THIS  ARTICLE,  OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD FAITH TO
 RECOVER POSSESSION OF SUCH HOUSING ACCOMMODATION  FOR  HIS  OR  HER  OWN
 PERSONAL USE AND OCCUPANCY;
   (C) PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY INCI-
 DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
   (D)  PREMISES  OTHERWISE  SUBJECT  TO REGULATION OF RENTS OR EVICTIONS
 PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
 AL LAW REQUIRES "GOOD CAUSE" FOR  TERMINATION  OR  NON-RENEWAL  OF  SUCH
 TENANCIES.
   3.  NO CAUSE EVICTION FEE. A NO CAUSE EVICTION SHALL REQUIRE THE LAND-
 LORD TO PAY A FEE TO THE EVICTED TENANT  EQUAL  TO  THE  AMOUNT  OF  ONE
 MONTH'S  RENT.  SUCH  AMOUNT  SHALL  NOT INCLUDE ANY PORTION OF A SAFETY
 DEPOSIT RETURN.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.