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.