The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4093
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  KELLES,  CUNNINGHAM,  RAGA  -- read once and
   referred to the Committee on Housing
 
 AN ACT to amend the real property actions and proceedings  law  and  the
   real  property  law,  in relation to prohibiting residential evictions
   during the winter months

   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 "winter moratorium on evictions act of 2023".
   § 2. Legislative findings and declaration of emergency.  The  legisla-
 ture hereby finds and declares all of the following:
   The  serious  public  emergency  regarding  the scarcity of affordable
 housing across New York State continues to  exist,  and  such  emergency
 puts  families  and  individuals  at  a  heightened  risk  of  eviction,
 displacement, and homelessness.
   The legislature recognizes that  evictions  trigger  long-lasting  and
 irreparable  harm  to  public health and safety. Evictions are linked to
 all-cause mortality and lead to an array of negative mental and physical
 health outcomes including higher rates of  emergency  room  utilization,
 mental health hospitalizations, suicide, children's hospitalization, and
 depression.  Evictions  directly  result in job loss and disruption to a
 child's education. Those who have experienced an eviction are more like-
 ly to live in substandard housing and have greater residential precarity
 and are less likely to secure safe and affordable housing  in  the  long
 term. These consequences are disproportionately felt by Black and Latinx
 households, who face the highest rates of eviction.
   Evictions  are  a significant cause of homelessness, both directly and
 indirectly. In New York City, 25 percent of  shelter  residents  and  12
 percent  of unsheltered individuals are homeless due to an eviction. The
 Department of Housing and Urban Development identified at  least  91,271
 homeless  individuals  throughout  New  York  State  as of January 2020,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02244-01-3

 A. 4093                             2
 
 including 77,943 individuals in New York  City  and  13,328  individuals
 throughout the rest of the State.
   The  well-documented  and devastating consequences of homelessness are
 exacerbated by cold weather. Unsheltered individuals have  an  increased
 risk  of  developing  exposure-related  health problems, particularly in
 cold weather. NYC Department of  Homeless  Services  reported  that  613
 homeless  individuals  died  between July 2019 and June 2020 in New York
 City. Individuals experiencing homelessness accounted for  at  least  25
 percent of all cold-related hospitalizations between 2003 and 2015.
   The legislature further recognizes that the statewide stock of shelter
 accommodations fails to ameliorate the threat to public health and safe-
 ty  posed  by  eviction  and  homelessness. A 2020 audit by the New York
 State Comptroller found unsafe conditions, including structural  damage,
 vermin  infestations,  and mold, in 60 percent of shelters. In 2020, the
 New York City Comptroller found widespread hazardous conditions jeopard-
 izing  infants'  health  and  safety  in  City  shelters.  Incidents  of
 violence,  theft, and police presence are pervasive in City shelters; 38
 percent of New York  City  residents  experiencing  street  homelessness
 choose  not  to  return to the shelter system and become street-homeless
 because of personal safety concerns. Convoluted and punitive  rules  and
 procedures,  loss  of  personal  agency,  inadequate resources and staff
 training, and a systemic failure to accommodate disabilities are further
 deterrents.
   The legislature further recognizes that, pursuant to Article  XVII  of
 the  New  York  State  Constitution,  the "aid, care, and support of the
 needy are public concerns and shall be  provided  by  the  state."  Such
 obligation  extends  to the State's homeless population, whose needs are
 heightened during winter months. The Executive Department has found that
 inclement winter weather presents a threat  to  the  life,  health,  and
 safety  of  the  State's  homeless  citizens  in particular, and defines
 "inclement winter weather" as air temperatures at or  below  32  degrees
 Fahrenheit,  including  National  Weather  Service calculations for wind
 chill. According to National  Weather  Service  data,  inclement  winter
 weather  falls  within  the normal temperature ranges in all or parts of
 New York State from November through April.
   The legislature therefore finds and declares that in order to  prevent
 death,  hardship,  and  other negative health outcomes to New York State
 residents, the provisions of this act are necessary  to  protect  public
 health,  safety, and general welfare. The necessity in the public inter-
 est for the provisions hereinafter  enacted  is  hereby  declared  as  a
 matter of legislative determination.
   §  3.  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 2019, is amended to read as follows:
   2. [The] EXCEPT AS PROVIDED IN SECTION SEVEN  HUNDRED  FORTY-SEVEN  OF
 THIS  ARTICLE, 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. Any person succeeding to the  land-
 lord'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
 proceeding  may be commenced naming the occupants of the apartment seek-
 A. 4093                             3

 ing 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.
   §  4.  Section 741 of the real property actions and proceedings law is
 amended by adding a new subdivision 7 to read as follows:
   7. STATE THAT A WARRANT OF EVICTION MAY ONLY BE EXECUTED BETWEEN APRIL
 SIXTEENTH AND OCTOBER THIRTY-FIRST OF ANY CALENDAR YEAR.
   § 5. Section 747 of the real property actions and proceedings  law  is
 amended by adding two new subdivisions 5 and 6 to read as follows:
   5.  IN  ANY  CASE  FOR NONPAYMENT OF RENT IN WHICH A JUDGMENT HAS BEEN
 ENTERED, THE PARTY MAINTAINING THE PROCEEDING, OR THEIR HEIRS OR SUCCES-
 SOR, SHALL MOVE BY ORDER TO SHOW CAUSE TO VACATE  SUCH  JUDGMENT  WITHIN
 THIRTY  DAYS  OF  RECEIVING  A  PAYMENT  AMOUNT SATISFYING THE JUDGMENT.
 UNLESS SUCH JUDGMENT HAS BEEN VACATED PURSUANT  TO  SUBDIVISION  SIX  OF
 THIS  SECTION  OR  PURSUANT  TO  A  LAWFUL WRITTEN AGREEMENT BETWEEN THE
 PARTIES FILED WITH THE COURT IN WHICH THE JUDGMENT WAS  ISSUED,  FAILURE
 TO COMPLY WITH THIS SUBDIVISION SHALL PROHIBIT A PARTY FROM COMMENCING A
 SUBSEQUENT  PROCEEDING FOR NONPAYMENT OF RENT AGAINST ANY PERSON COVERED
 BY SUCH JUDGMENT UNTIL SUCH JUDGMENT HAS BEEN VACATED.
   6. IN ANY CASE FOR NONPAYMENT OF RENT IN WHICH  A  JUDGMENT  HAS  BEEN
 ENTERED,  ANY  PERSON COVERED BY SUCH JUDGMENT MAY MOVE BY ORDER TO SHOW
 CAUSE AT ANY TIME TO HAVE SUCH JUDGMENT VACATED. WITHIN  SIXTY  DAYS  OF
 THE  EFFECTIVE  DATE  OF  THIS SUBDIVISION, THE OFFICE OF COURT ADMINIS-
 TRATION SHALL PROMULGATE A PRO SE ORDER TO SHOW CAUSE AND  AFFIDAVIT  TO
 SUPPORT  THE  VACATUR  OF  SUCH JUDGMENT, WHICH SHALL BE PROVIDED AT THE
 TIME THE JUDGMENT IS  ENTERED  TO  ALL  RESPONDENTS  WHO  ARE  NAMED  OR
 APPEARED IN THE PROCEEDING.
   §  6.  Subdivision  1  of section 749 of the real property actions and
 proceedings law, as amended by section 19 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   1. Upon rendering a final judgment for  petitioner,  the  court  shall
 issue  a warrant directed to the sheriff of the county or to any consta-
 ble or marshal of the city in which the property, or a portion  thereof,
 is  situated,  or,  if it is not situated in a city, to any constable of
 any town in the county, describing the property,  stating  the  earliest
 date  upon which execution may occur pursuant to the order of the court,
 and commanding the officer to remove all persons named in  the  proceed-
 ing,  provided  upon a showing of good cause, the court may issue a stay
 of re-letting or renovation of the premises for a reasonable  period  of
 time.  PURSUANT  TO SECTION SEVEN HUNDRED FIFTY-THREE-A OF THIS ARTICLE,
 THE EARLIEST DATE UPON WHICH EXECUTION  MAY  OCCUR  SHALL  FALL  BETWEEN
 APRIL SIXTEENTH AND OCTOBER THIRTY-FIRST OF ANY GIVEN CALENDAR YEAR.
   §  7.  The  real  property  actions  and proceedings law is amended by
 adding a new section 753-a to read as follows:
   § 753-A. WINTER EVICTION MORATORIUM IN PREMISES OCCUPIED FOR  DWELLING
 PURPOSES.  1. THE WINTER MORATORIUM PERIOD SHALL COMMENCE AT 12:00 AM ON
 NOVEMBER FIRST OF A CALENDAR YEAR AND END AT 11:59 PM ON APRIL FIFTEENTH
 OF THE SUBSEQUENT CALENDAR YEAR.
   (A) IN A PROCEEDING TO RECOVER POSSESSION  OF  PREMISES  OCCUPIED  FOR
 DWELLING  PURPOSES,  OTHER THAN A ROOM OR ROOMS IN A HOTEL OCCUPIED BY A
 TRANSIENT OCCUPANT FOR LESS THAN THIRTY DAYS, THE COURT SHALL NOT  ISSUE
 A  WARRANT  PURSUANT TO SECTION SEVEN HUNDRED FORTY-NINE OF THIS ARTICLE
 WITH AN EXECUTION DATE DURING THE WINTER MORATORIUM PERIOD.
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   (B) AT THE COMMENCEMENT OF THE WINTER MORATORIUM PERIOD,  ALL  PENDING
 UNEXECUTED  JUDGMENTS AND WARRANTS SHALL AUTOMATICALLY BE STAYED THROUGH
 THE END OF THE WINTER MORATORIUM PERIOD.
   2.  (A)  DURING  THE  WINTER MORATORIUM PERIOD, A PERSON MAINTAINING A
 PROCEEDING SHALL MAINTAIN THE SAME LEGAL  RIGHTS  AND  OBLIGATIONS  WITH
 RESPECT  TO THE TENANT THAT WERE HELD PRIOR TO THE ISSUANCE OF THE JUDG-
 MENT AND WARRANT INCLUDING, BUT NOT LIMITED TO, THE OBLIGATIONS TO  KEEP
 THE  PREMISES IN LIVABLE, SAFE, AND SANITARY CONDITION, TO NOT DISCRIMI-
 NATE, HARASS, OR RETALIATE, AND TO KEEP  THE  PREMISES  IN  GOOD  REPAIR
 PURSUANT  TO  FEDERAL,  STATE,  AND LOCAL HOUSING MAINTENANCE STANDARDS.
 SUCH PERSON SHALL MAINTAIN THE RIGHT TO COLLECT RENT FOR USE  AND  OCCU-
 PANCY DURING THE WINTER MORATORIUM PERIOD WITHOUT PREJUDICE TO THE JUDG-
 MENT  STAYED EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. FOR
 THE PURPOSES OF THIS SECTION, "PERSON MAINTAINING  A  PROCEEDING"  SHALL
 MEAN  A  PERSON  WHO  MAY  MAINTAIN PROCEEDING PURSUANT TO SECTION SEVEN
 HUNDRED TWENTY-ONE OF THIS ARTICLE.
   (B) DURING THE WINTER MORATORIUM PERIOD, A TENANT AGAINST WHOM A JUDG-
 MENT AND WARRANT HAVE BEEN ISSUED SHALL MAINTAIN  THE  SAME  RIGHTS  AND
 OBLIGATIONS  AS  WERE  HELD  PRIOR  TO  THE ISSUANCE OF THE JUDGMENT AND
 WARRANT. SUCH OBLIGATIONS SHALL INCLUDE THE OBLIGATION  TO  TENDER  RENT
 FOR  USE  AND  OCCUPANCY AT THE LAST LAWFUL RATE PREVIOUSLY AGREED TO BY
 THE PARTIES OR SET BY THE COURT, SUBJECT TO ANY  ABATEMENT,  OFFSET,  OR
 REDUCTION  TO  WHICH  THE TENANT IS LAWFULLY ENTITLED. SUCH RIGHTS SHALL
 INCLUDE, BUT ARE NOT LIMITED TO, THE RIGHT TO LIVABLE, SAFE,  AND  SANI-
 TARY PREMISES, THE RIGHT TO BE FREE FROM DISCRIMINATION, HARASSMENT, AND
 RETALIATION,  THE  RIGHT  TO BRING LEGAL ACTION IN ANY APPROPRIATE FORUM
 WITH RESPECT TO THE VIOLATION OF SUCH RIGHTS, AND ALL OTHER  RIGHTS  AND
 PROTECTIONS  AFFORDED  TO  TENANTS  AND  OCCUPANTS  BY LOCAL, STATE, AND
 FEDERAL LAW. FOR THE PURPOSES OF THIS SECTION, "TENANT" SHALL  HAVE  THE
 SAME  MEANING  AS PROVIDED IN SECTION SEVEN HUNDRED ELEVEN OF THIS ARTI-
 CLE.
   3. (A) DURING THE WINTER MORATORIUM PERIOD, ANY PROCEEDING,  JUDGMENT,
 AND WARRANT, STAYED PURSUANT TO THIS SECTION SHALL BE SUFFICIENT FOR THE
 PURPOSES  OF  ESTABLISHING  AN  "EMERGENCY"  UNDER 18 NYCRR 397.1(B), 18
 NYCRR 372.4, AND/OR SECTION THREE HUNDRED FIFTY-J OF THE SOCIAL SERVICES
 LAW.
   (B) A PERSON AGAINST WHOM A JUDGMENT  AND  WARRANT  HAVE  BEEN  ISSUED
 REMAINS  THE "SUBJECT OF AN EVICTION PROCEEDING" DURING THE WINTER MORA-
 TORIUM PERIOD FOR THE PURPOSES OF 68 RCNY 10-03(B). SUCH A PERSON  SHALL
 BE   CONSIDERED   "FACING   EVICTION"  FOR  THE  PURPOSES  OF  18  NYCRR
 352.3(A)(II) AND (III).
   4. DURING THE WINTER MORATORIUM  PERIOD,  ALL  MONIES  TENDERED  TO  A
 PERSON MAINTAINING A PROCEEDING SHALL BE PRESUMED TO APPLY TO THE EARLI-
 EST  PERIOD FOR WHICH RENT FOR USE AND OCCUPANCY IS OWED PURSUANT TO THE
 JUDGMENT, UNLESS SUCH PAYMENT IS EARMARKED BY THE PAYER AS BEING  FOR  A
 SPECIFIC PURPOSE. ANY AGREEMENT TO THE CONTRARY SHALL BE DEEMED NULL AND
 VOID.
   § 8. Paragraph (b) of subdivision 2 of section 768 of the real proper-
 ty  actions  and  proceedings  law,  as added by section 24 of part M of
 chapter 36 of the laws of 2019, is amended to read as follows:
   (b) [Such] FOR EACH VIOLATION OF THIS SECTION OCCURRING BETWEEN  APRIL
 SIXTEENTH  AND  OCTOBER  THIRTY-FIRST  OF ANY CALENDAR YEAR, SUCH person
 shall also be subject to a civil penalty of not less than  one  thousand
 nor  more  than  ten  thousand  dollars  for  each  violation.  FOR EACH
 VIOLATION OF THIS SECTION OCCURRING  BETWEEN  JANUARY  FIRST  AND  APRIL
 FIFTEENTH, OR FROM NOVEMBER FIRST TO DECEMBER THIRTY-FIRST OF ANY CALEN-
 A. 4093                             5
 
 DAR  YEAR,  SUCH  PERSON SHALL ALSO BE SUBJECT TO A CIVIL PENALTY OF NOT
 LESS THAN FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS FOR
 EACH VIOLATION. Each such violation shall be  a  separate  and  distinct
 offense.  In  the case of a failure to take all reasonable and necessary
 action to restore an occupant pursuant to paragraph (b)  of  subdivision
 one of this section, such person shall be subject to an additional civil
 penalty  of  not  more than one hundred dollars per day from the date on
 which restoration to occupancy is requested  until  the  date  on  which
 restoration occurs, provided, however, that such period shall not exceed
 [six] TWELVE months.
   § 9. The real property law is amended by adding a new section 235-j to
 read as follows:
   § 235-J. CREDIT OF PAYMENT OF RENT. UPON THE RECEIPT OF THE PAYMENT OF
 RENT  FOR  RESIDENTIAL  PREMISES, IT SHALL BE THE DUTY OF THE LESSOR, OR
 ANY AGENT OF THE LESSOR, TO  IMMEDIATELY  CREDIT  SUCH  PAYMENT  TO  THE
 RENTAL  ACCOUNT  OF  THE  TENANT,  WHICH  SHALL BE REFLECTED ON ANY RENT
 STATEMENT, LEDGER, OR BILL PROVIDED TO THE TENANT.
   § 10. This act shall take effect on the sixtieth day  after  it  shall
 have  become  a  law  and shall apply to all proceedings commenced on or
 after such date.