S T A T E O F N E W Y O R K
________________________________________________________________________
1621
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, TAYLOR, DAVILA -- Multi-
Sponsored by -- M. of A. COLTON, GLICK -- read once and referred to
the Committee on Housing
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 4 of part HH of chapter 56 of
the laws of 2024, 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 the tenant 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,
ELECTRICITY 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.
LBD04167-01-5
A. 1621 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 SUCH VIOLATION OR VIOLATIONS WERE RECORDED ERRONEOUSLY OR THAT A
STATE, CITY OR LOCAL AGENCY, AUTHORITY OR DEPARTMENT ERRONEOUSLY FAILED
TO REMOVE SUCH VIOLATION OR VIOLATIONS. A PROCEEDING UNDER THIS SUBDIVI-
SION CANNOT BE MAINTAINED IF THE COURT FINDS THAT THE ALLEGATIONS IN
SUCH 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. The fourteen-day notice shall append or
contain the notice required pursuant to section two hundred thirty-one-c
of the real property law, which shall state the following: (i) if the
premises are or are not subject to article six-A of the real property
law, the "good cause eviction law", and if the premises are exempt, such
notice shall state why the premises are exempt from such law; (ii) if
the landlord is not renewing the lease for a unit subject to article
six-A of the real property law, the lawful basis for such non-renewal;
and (iii) if the landlord is increasing the rent upon an existing lease
of a unit subject to article six-A of the real property law above the
applicable local rent standard, as defined in subdivision eight of
section two hundred eleven of the real property law, the justification
for such increase. Any person succeeding to the landlord's interest in
the premises may proceed under this subdivision for rent due such
person's predecessor in interest if such person 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 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.
§ 1-a. 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] SUCH TENANT 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,
ELECTRICITY 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
A. 1621 3
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,
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 SUCH VIOLATION OR VIOLATIONS WERE RECORDED ERRONEOUSLY OR THAT A
STATE, CITY OR LOCAL AGENCY, AUTHORITY OR DEPARTMENT ERRONEOUSLY FAILED
TO REMOVE SUCH VIOLATION OR VIOLATIONS. A PROCEEDING UNDER THIS SUBDIVI-
SION CANNOT BE MAINTAINED IF THE COURT FINDS THAT THE ALLEGATIONS IN
SUCH 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] THE predecessor in interest if [he] SUCH PERSON has a right there-
to. 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 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; provided, however, that
the amendments to subdivision 2 of section 711 of the real property
actions and proceedings law made by section one of this act shall be
subject to the expiration and reversion of such subdivision pursuant to
section 7 of part HH of chapter 56 of the laws of 2024, as amended, when
upon such date the provisions of section one-a of this act shall take
effect.