S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7402
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 multiple dwelling law, in relation to rent impairing
   violations;  and  to  amend  the real property actions and proceedings
   law, in relation to eviction proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of section 302-a of the multiple dwelling
 law, as added by chapter 911 of the laws of 1965, is amended to read  as
 follows:
   3.  a. If (i) the official records of the department shall note that a
 rent impairing violation exists OR EXISTED  in  respect  to  a  multiple
 dwelling and that notice of such violation has been given by the depart-
 ment, by mail, to the owner last registered with the department and (ii)
 such  note  of the violation [is] WAS not cancelled or removed of record
 within [six] THREE  months  after  the  date  of  such  notice  of  such
 violation,  then  for the period that such violation remains uncorrected
 after the expiration of said [six] THREE months, no rent shall be recov-
 ered by any owner for any premises in such multiple dwelling used  by  a
 resident  thereof for human habitation in which the condition constitut-
 ing such rent impairing violation exists, provided, however, that if the
 violation is one that requires approval of plans by the  department  for
 the  corrective  work  and  if plans for such corrective work shall have
 been duly filed within [three months] ONE MONTH from the date of  notice
 of  such  violation  by the department to the owner last registered with
 the department, the [six-months] THREE MONTH period aforementioned shall
 not begin to run until the date that plans for the corrective  work  are
 approved  by  the department; if plans are not filed within said [three-
 months] ONE MONTH period or if so filed, they are disapproved and amend-
 ments are not duly filed within thirty days after the date of  notifica-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11616-01-3
              

 S. 7402                             2
 
 tion of the disapproval by the department to the person having filed the
 plans,  the  [six-months]  THREE MONTH period shall be computed as if no
 plans whatever had been filed under this proviso. If a condition consti-
 tuting  a  rent  impairing  violation  exists  in the part of a multiple
 dwelling used in common by the  residents  or  in  the  part  under  the
 control  of the owner thereof, the violation shall be deemed to exist in
 the respective premises of each resident of the multiple dwelling.
   b. The provisions of subparagraph a shall not apply if (i) the  condi-
 tion referred to in the department's notice to the owner last registered
 with  the department did not in fact exist, notwithstanding the notation
 thereof in the records of the department; (ii) the  condition  which  is
 the subject of the violation has in fact been corrected WITHIN THE THREE
 MONTH  PERIOD REQUIRED BY SUBPARAGRAPH A OF THIS SUBDIVISION, though the
 note thereof in the department has not been removed or cancelled;  (iii)
 the  violation  has been caused by the resident from whom rent is sought
 to be collected or by members of his family  or  by  his  guests  or  by
 another  resident  of the multiple dwelling or the members of the family
 of such other resident or by his guests, or (iv) the resident  proceeded
 against  for  rent  has  refused  entry  to the owner for the purpose of
 correcting the condition giving rise to the violation.
   c. To raise a defense under subparagraph a in any  action  to  recover
 rent or in any special proceeding for the recovery of possession because
 of  non-payment of rent, the resident must affirmatively plead and prove
 the material facts under subparagraph a[, and must also deposit with the
 clerk of the court in which the action or proceeding is pending  at  the
 time  of filing of the resident's answer the amount of rent sought to be
 recovered in  the  action  or  upon  which  the  proceeding  to  recover
 possession  is  based,  to be held by the clerk of the court until final
 disposition of the action or proceeding at which time the rent deposited
 shall be paid to the owner, if the owner prevails, or be returned to the
 resident if the resident prevails. Such deposit of  rent  shall  vitiate
 any  right  on  the  part  of the owner to terminate the lease or rental
 agreement of the resident because of nonpayment of rent].
   d. If a resident voluntarily pays rent or an installment of rent  when
 he OR SHE would be privileged to withhold the same under subparagraph a,
 he  OR  SHE shall [not thereafter] have [any] A claim or cause of action
 to recover back the rent or installment of rent so paid.    A  voluntary
 payment within the meaning hereof shall mean payment other than one made
 pursuant to a judgment in an action or special proceeding.
   e.  [If  upon  the  trial of any action to recover rent or any special
 proceeding for the recovery of possession because of non-payment of rent
 it shall appear that the  resident  has  raised  a  defense  under  this
 section  in  bad faith, or has caused the violation or has refused entry
 to the owner for the purpose of correcting the condition giving rise  to
 the  violation,  the court, in its discretion, may impose upon the resi-
 dent the reasonable costs of the owner, including counsel fees, in main-
 taining the action or proceeding not to exceed one hundred dollars.] THE
 DEPARTMENT SHALL NOTIFY THE RESIDENT AND OWNER  WHEN  A  RENT  IMPAIRING
 VIOLATION  HAS  BEEN  PLACED  IN THEIR APARTMENT. THE NOTIFICATION SHALL
 INCLUDE A LIST OF THE RENT IMPAIRING VIOLATIONS PLACED AND  AN  EXPLANA-
 TION OF THE RESIDENT'S RIGHT TO RAISE THE RENT IMPAIRING VIOLATIONS AS A
 DEFENSE  IN  ANY ACTION TO RECOVER RENT OR IN ANY SPECIAL PROCEEDING FOR
 THE RECOVERY OF POSSESSION BECAUSE OF NON-PAYMENT OF RENT.
   § 2. Subdivisions 10 and 11  of  section  713  of  the  real  property
 actions and proceedings law, subdivision 10 as amended by chapter 467 of
 S. 7402                             3
 
 the  laws of 1981 and subdivision 11 as added by chapter 312 of the laws
 of 1962, are amended to read as follows:
   10.  The  person  in possession has entered the property or remains in
 possession by force or unlawful means and he or SHE OR his OR HER prede-
 cessor in interest was not in quiet possession for  three  years  before
 the time of the forcible or unlawful entry or detainer and the petition-
 er  was  peaceably  in  actual possession at the time of the forcible or
 unlawful entry or in constructive possession at the time of the forcible
 or unlawful detainer. ANY LAWFUL OCCUPANT, PHYSICALLY OR  CONSTRUCTIVELY
 IN  POSSESSION,  WHO  HAS BEEN EVICTED OR DISPOSSESSED WITHOUT THE COURT
 PROCESS MANDATED BY SECTION SEVEN HUNDRED ELEVEN OF  THIS  ARTICLE,  MAY
 COMMENCE   A  PROCEEDING  UNDER  THIS  SUBDIVISION  TO  BE  RESTORED  TO
 POSSESSION, AND SHALL BE SO RESTORED UPON PROOF THAT THEIR EVICTION  WAS
 UNLAWFUL;  no  notice  to  quit shall be required in order to maintain a
 proceeding under this subdivision.
   11. The person in possession entered into possession as an incident to
 employment by petitioner, and the time agreed upon for  such  possession
 has expired or, if no such time was agreed upon, the employment has been
 terminated[;  no  notice  to quit shall be required in order to maintain
 the proceeding under this subdivision].
   § 3. Subdivisions 2 and 3 of section 732 of the real property  actions
 and proceedings law, as amended by section 14 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   2.  If the respondent answers, the clerk shall fix a date for trial or
 hearing not less than three nor more than eight days  after  joinder  of
 issue,  and shall immediately notify by mail the parties or their attor-
 neys of such date. If the determination be for the petitioner, the issu-
 ance of a warrant shall not be stayed for more than five days from  such
 determination,  except  as provided in section seven hundred fifty-three
 of this article.  IF THE RESPONDENT FAILS TO APPEAR ON  SUCH  DATE,  THE
 COURT,  AFTER  MAKING  AN  ASSESSMENT,  PURSUANT  TO  SECTION THIRTY-TWO
 HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW AND RULES, MAY ISSUE  A  JUDG-
 MENT IN FAVOR OF THE PETITIONER AND THE ISSUANCE OF THE WARRANT SHALL BE
 STAYED  FOR  A  PERIOD  NOT TO EXCEED TEN DAYS FROM THE DATE OF SERVICE,
 EXCEPT AS PROVIDED IN SECTION SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE.
   3. If the respondent fails to answer within ten days from the date  of
 service,  as  shown  by  the  affidavit or certificate of service of the
 notice of petition and petition, [the judge  shall  render  judgment  in
 favor  of the petitioner and] THE PETITIONER MAY MAKE AN APPLICATION FOR
 A DEFAULT JUDGMENT.  UPON THIS APPLICATION, THE CLERK SHALL FIX  A  DATE
 FOR  INQUEST  AND IMMEDIATELY NOTIFY BY MAIL THE PARTIES OR THEIR ATTOR-
 NEYS OF SUCH DATE.  IF THE RESPONDENT FAILS TO APPEAR ON SUCH DATE,  THE
 COURT,  AFTER  MAKING  AN  ASSESSMENT,  PURSUANT  TO  SECTION THIRTY-TWO
 HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW AND RULES, MAY ISSUE  A  JUDG-
 MENT IN FAVOR OF THE PETITIONER AND may stay the issuance of the warrant
 for  a period of not to exceed ten days from the date of service, except
 as provided in section seven hundred fifty-three of this article.
   § 4. This act shall take effect immediately and  shall  apply  to  all
 pending proceedings on and after such date.