Senate Bill S7986

2023-2024 Legislative Session

Relates to unlawful eviction

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S7986 (ACTIVE) - Details

See Assembly Version of this Bill:
A8111
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§768 & 770, RPAP L; amd §235-b, RP L

2023-S7986 (ACTIVE) - Summary

Enacts the "protection against unfair section 8 evictions (P.A.U.S.E.) act"; provides that in any case of public assistance where the municipality or section 8 refuses to pay the required portion of rent under any state, local or federal subsidy program due to building code violations or violations of the warranty of habitability pursuant to section two hundred thirty-five-b of the real property law, the tenant or lawful occupant of a dwelling shall not be required to pay his or her share under any state, local or federal subsidy program and shall not be subject to eviction summary proceedings for non-payment of rent or supplemental rent.

2023-S7986 (ACTIVE) - Sponsor Memo

2023-S7986 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7986
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 and the
   real property law, in relation to unlawful eviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "protection against unfair section 8 evictions (P.A.U.S.E.) act".
   § 2. Section 768 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  IN ANY CASE OF PUBLIC ASSISTANCE WHERE THE MUNICIPALITY OR SECTION
 8 REFUSES TO PAY THE REQUIRED PORTION OF RENT UNDER ANY STATE, LOCAL  OR
 FEDERAL SUBSIDY PROGRAM DUE TO BUILDING CODE VIOLATIONS OR VIOLATIONS OF
 THE  WARRANTY  OF  HABITABILITY  PURSUANT TO SECTION TWO HUNDRED THIRTY-
 FIVE-B OF THE REAL PROPERTY LAW, THE TENANT  OR  LAWFUL  OCCUPANT  OF  A
 DWELLING  SHALL NOT BE REQUIRED TO PAY HIS OR HER SHARE UNDER ANY STATE,
 LOCAL OR FEDERAL SUBSIDY PROGRAM AND SHALL NOT BE  SUBJECT  TO  EVICTION
 SUMMARY PROCEEDINGS FOR NON-PAYMENT OF RENT OR SUPPLEMENTAL RENT.
   §  3.  Section 770 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. IN ANY CASE OF PUBLIC ASSISTANCE WHERE THE MUNICIPALITY OR  SECTION
 8  REFUSES TO PAY THE REQUIRED PORTION OF RENT UNDER ANY STATE, LOCAL OR
 FEDERAL SUBSIDY PROGRAM DUE TO BUILDING CODE VIOLATIONS OR VIOLATIONS OF
 THE WARRANTY OF HABITABILITY PURSUANT TO  SECTION  TWO  HUNDRED  THIRTY-
 FIVE-B  OF  THE REAL PROPERTY LAW OR PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION, THE TENANTS OR LAWFUL OCCUPANTS OF  A  DWELLING  SHALL  NOT  BE
 REQUIRED TO PAY HIS OR HER SHARE UNDER A STATE, LOCAL OR FEDERAL SUBSIDY
 PROGRAM  AND  SHALL  NOT  BE SUBJECT TO EVICTION SUMMARY PROCEEDINGS FOR
 NON-PAYMENT OF RENT OR SUPPLEMENTAL RENT.
   § 4. Section 235-b of the real property law is amended by adding a new
 subdivision 4 to read as follows:
   4. IN ANY CASE OF PUBLIC ASSISTANCE WHERE THE MUNICIPALITY OR  SECTION
 8  REFUSES TO PAY THE REQUIRED PORTION OF RENT UNDER ANY STATE, LOCAL OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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