Senate Bill S6769

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6769
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06679-01-3
              

 S. 6769                             2
 
 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. Section 741 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3-a to read as follows:
   3-A.  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
 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  NO  EXTREMELY HAZARDOUS VIOLATIONS IN ANY APARTMENTS IN THE SUBJECT
 BUILDING, 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.