Assembly Bill A1621A

2025-2026 Legislative Session

Requires a landlord to have clean hands to bring action for rent or eviction in certain cases

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Current Bill Status - In Assembly 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2026	print number 1621a
Mar 26, 2026	amend and recommit to housing
Jan 07, 2026	referred to housing
Jan 10, 2025	referred to housing

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

2025-A1621 - Details

Current Committee:: Assembly Housing
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§711, 741 & 752, RPAP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A192, A4545
2011-2012: A1612
2013-2014: A505
2015-2016: A604
2017-2018: A3212
2019-2020: A2036
2021-2022: A490
2023-2024: A1853

2025-A1621 - Summary

Relates to conditions precedent to the bringing of certain actions or proceedings.

2025-A1621 - Bill Text download pdf

                             
                     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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2025-A1621A (ACTIVE) - Details

Current Committee:: Assembly Housing
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§711, 741 & 752, RPAP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A192, A4545
2011-2012: A1612
2013-2014: A505
2015-2016: A604
2017-2018: A3212
2019-2020: A2036
2021-2022: A490
2023-2024: A1853

2025-A1621A (ACTIVE) - Summary

Relates to conditions precedent to the bringing of certain actions or proceedings.

2025-A1621A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1621--A
 
                        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, REYES,
   VALDEZ,   TAPIA,   GALLAGHER,   SHRESTHA,   McDONALD,   SIMON,   RAGA,
   GONZALEZ-ROJAS,  BURDICK, LEVENBERG, BICHOTTE HERMELYN, MORENO, STECK,
   HOOKS -- Multi-Sponsored by -- M. of A. COLTON, GLICK -- read once and
   referred to the Committee on Housing -- recommitted to  the  Committee
   on  Housing  in  accordance  with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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. Subdivisions 1 and 2 of section 711 of  the  real  property
 actions  and proceedings law, subdivision 1 as amended by chapter 305 of
 the laws of 1963 and subdivision 2 as amended by section 4 of part HH of
 chapter 56 of the laws of 2024, are amended to read as follows:
   1. (A) The tenant continues in possession of any portion of the  prem-
 ises  after  the  expiration  of  [his]  SUCH TENANT'S term, without the
 permission of the landlord or, in a case where a new lessee is  entitled
 to possession, without the permission of the new lessee, PROVIDING THAT,
 IN  ALL PROCEEDINGS THAT ARE NOT SUBJECT TO PARAGRAPH (F) OF THIS SUBDI-
 VISION HEREIN, AT THE TIME OF COMMENCEMENT OF THE PROCEEDING, THERE  ARE
 NO  VIOLATIONS  OF  RECORD  OF ANY APPLICABLE STATE, CITY OR LOCAL CODES
 RELATING TO HOUSING MAINTENANCE, SAFETY OR HOUSING STANDARDS  PERTAINING
 TO  THE SUBJECT PREMISES OR IN THE COMMON AREAS OF THE SUBJECT BUILDING,
 NOR ANY CONDITIONS THAT OTHERWISE CONTRAVENE SECTION TWO  HUNDRED  THIR-
 TY-FIVE-B  OF  THE  REAL  PROPERTY LAW IN THE SUBJECT PREMISES OR IN THE
 COMMON AREAS OF THE SUBJECT BUILDING,  NOR  ANY  TENANT  DECLARATION  OF
 HOUSING  CONDITIONS  DECLARING  CONDITIONS  THAT  CONTRAVENE SECTION TWO
 HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW  OR  THAT  VIOLATE  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04167-02-6

 A. 1621--A                          2
 
 APPLICABLE  STATE,  CITY OR LOCAL CODES RELATING TO HOUSING MAINTENANCE,
 SAFETY OR HOUSING STANDARDS, IN THE SUBJECT PREMISES OR  IN  THE  COMMON
 AREAS  OF  THE  SUBJECT BUILDING OR THAT ARE HAZARDOUS CONDITIONS IN ANY
 BUILDING  IN  THE LANDLORD'S PORTFOLIO  SUBJECT TO PARAGRAPH (B) OF THIS
 SUBDIVISION HEREIN, NOR ANY CONDITIONS THAT ARE HAZARDOUS VIOLATIONS  OF
 ANY  APPLICABLE  STATE,  CITY OR LOCAL CODES RELATING TO HOUSING MAINTE-
 NANCE, SAFETY OR HOUSING STANDARDS OR HAZARDOUS VIOLATIONS IN ANY BUILD-
 ING IN THE LANDLORD'S PORTFOLIO.  Acceptance of rent after  commencement
 of  the  special  proceeding  upon  this ground shall not terminate such
 proceeding nor effect any award of possession to the landlord or to  the
 new  lessee,  as  the  case  may  be.  A  proceeding  seeking to recover
 possession of real property by reason of the  termination  of  the  term
 fixed  in the lease pursuant to a provision contained therein giving the
 landlord the right to terminate the time fixed for occupancy under  such
 agreement  if [he] THE LANDLORD deem the tenant objectionable, shall not
 be maintainable unless the landlord shall by competent  evidence  estab-
 lish to the satisfaction of the court that the tenant is objectionable.
   (B)  WHERE  A  TENANT DECLARATION OF HOUSING CONDITIONS HAS BEEN FILED
 WITH THE LANDLORD AND THE COURT THAT IS THE LAWFUL VENUE FOR  A  SPECIAL
 PROCEEDING  UNDER  THIS SUBDIVISION, OR WHERE THERE EXIST ANY VIOLATIONS
 OF RECORD OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO HOUS-
 ING MAINTENANCE, SAFETY OR HOUSING STANDARDS IN THE SUBJECT APARTMENT OR
 IN THE COMMON AREAS OF THE SUBJECT BUILDING OR ANY HAZARDOUS  VIOLATIONS
 OF RECORD OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO HOUS-
 ING  MAINTENANCE,  SAFETY  OR  HOUSING STANDARDS IN OR PERTAINING TO ANY
 BUILDING IN THE LANDLORD'S PORTFOLIO, A LANDLORD MAY COMMENCE A PROCEED-
 ING UNDER THIS SUBDIVISION BY FILING, WITH THE PETITION  AND  NOTICE  OF
 PETITION PRESCRIBED BY SECTION SEVEN HUNDRED THIRTY-ONE OF THIS ARTICLE,
 AN  AFFIRMATION  INCLUDING  FACTS  ESTABLISHING  THAT  THE  LANDLORD HAS
 CORRECTED ANY PURPORTED CONDITIONS CONTAINED IN THE  TENANT  DECLARATION
 OF  HOUSING  CONDITIONS,  OR THAT THE CONDITIONS SPECIFIED IN THE TENANT
 DECLARATION OF HOUSING CONDITIONS NEVER EXISTED OR THAT  ANY  VIOLATIONS
 WERE  PLACED  ERRONEOUSLY  BY  A STATE, CITY, OR LOCAL AGENCY, OR THAT A
 STATE, CITY OR LOCAL AGENCY, AUTHORITY OR DEPARTMENT ERRONEOUSLY  FAILED
 TO REMOVE SUCH VIOLATIONS AFTER THEY WERE CORRECTED.
   (C)  FAILURE  BY  THE  LANDLORD  TO  DISCLOSE AN EXISTING VIOLATION OF
 RECORD OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO  HOUSING
 MAINTENANCE, SAFETY OR HOUSING STANDARDS OR ANY CONDITION THAT OTHERWISE
 CONTRAVENES  SECTION  TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW
 IN THE SUBJECT PREMISES OR IN THE COMMON AREAS OF THE SUBJECT  BUILDING,
 OR  HAZARDOUS CONDITIONS OR HAZARDOUS VIOLATIONS OF RECORD OF ANY APPLI-
 CABLE STATE, CITY OR LOCAL CODES RELATING TO HOUSING MAINTENANCE, SAFETY
 OR HOUSING STANDARDS IN ANY BUILDING IN THE LANDLORD'S PORTFOLIO SUBJECT
 TO PARAGRAPH (B) OF THIS  SUBDIVISION  HEREIN,  OR  AN  EXISTING  TENANT
 DECLARATION OF HOUSING CONDITIONS IS GROUNDS FOR DISMISSAL. IF THE COURT
 FINDS  THAT  THE  ALLEGATIONS  IN SUCH A LANDLORD AFFIRMATION ARE UNTRUE
 REGARDING THE CORRECTION OR  NONEXISTENCE  OF  CONDITIONS  IN  A  TENANT
 DECLARATION OF HOUSING CONDITIONS OR REGARDING A CORRECTED OR ERRONEOUS-
 LY  RECORDED  VIOLATION  OF  ANY  APPLICABLE STATE, CITY, OR LOCAL CODES
 RELATED TO HOUSING MAINTENANCE, SAFETY, OR HOUSING STANDARDS AND  CONDI-
 TIONS, THIS IS GROUNDS FOR DISMISSAL.
   (D)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "HAZARDOUS CONDITIONS" SHALL MEAN THOSE  HOUSING  CONDITIONS  THAT
 HAVE  A  SERIOUS  EFFECT ON THE LIFE, HEALTH, OR SAFETY OF THE OCCUPANTS
 THEREOF. THESE CONDITIONS MAY INCLUDE, BUT ARE NOT STRICTLY LIMITED  TO,
 A. 1621--A                          3
 
 COCKROACH, BEDBUG, RAT, MOUSE, OR OTHER VERMIN INFESTATIONS, MOLD, LEAD-
 BASED  PAINT,  ESSENTIAL  UTILITY  SHUT-OFF  (I.E.,  NATURAL  GAS, HEAT,
 RUNNING WATER, ELECTRICITY, OR  ADEQUATE  SEWAGE  DISPOSAL  FACILITIES),
 DEFECTIVE  EMERGENCY  EXITS, LEAKING OR DEFECTIVE WATER SUPPLY PLUMBING,
 DEFECTIVE PLUMBING  FACILITY,  LEAKING  OR  COLLAPSED  ROOF,  INOPERABLE
 CARBON MONOXIDE DETECTOR, OR INOPERABLE SMOKE DETECTOR.
   (II)  "LANDLORD'S  PORTFOLIO" SHALL MEAN THE COLLECTION OF ALL HOUSING
 ACCOMMODATIONS OF WHICH THE BENEFICIAL OWNER OF THE PREMISES AT ISSUE IN
 THE PROCEEDING IS A BENEFICIAL OWNER, DIRECTLY OR INDIRECTLY,  IN  WHOLE
 OR IN PART, JOINTLY OR SEPARATELY, EXCLUDING EACH NATURAL PERSON OWNER'S
 PRINCIPAL  RESIDENCE.  FOR  PURPOSES  OF THIS SUBPARAGRAPH, A BENEFICIAL
 OWNER SHALL MEAN A NATURAL PERSON WHO OWNS OR  CONTROLS  NOT  LESS  THAN
 TWENTY-FIVE  PERCENT OF THE HOUSING ACCOMMODATION OR, IF THE LANDLORD IS
 AN ENTITY, A NATURAL PERSON WHO EXERCISES SUBSTANTIAL CONTROL OVER  SAID
 ENTITY  OR  OWNS  OR  CONTROLS  NOT LESS THAN TWENTY-FIVE PERCENT OF THE
 OWNERSHIP INTERESTS OF THE ENTITY.
   (E) A TENANT DECLARATION  OF  HOUSING  CONDITIONS  SHALL  BE  USED  BY
 TENANTS  AND OCCUPANTS TO PROVIDE NOTIFICATION AT ANY TIME THAT AT LEAST
 ONE CONDITION THAT CONTRAVENES SECTION TWO HUNDRED THIRTY-FIVE-B OF  THE
 REAL  PROPERTY LAW OR ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING
 TO HOUSING MAINTENANCE,  SAFETY  OR  HOUSING  STANDARDS  EXISTS  IN  THE
 SUBJECT  PREMISES OR IN THE COMMON AREAS OF THE SUBJECT BUILDING OR THAT
 AT LEAST ONE HAZARDOUS CONDITION EXISTS IN ANY  BUILDING  IN  THE  LAND-
 LORD'S PORTFOLIO SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION HEREIN.  A
 TENANT  OR  OCCUPANT  SHALL  FILE A SIGNED TENANT DECLARATION OF HOUSING
 CONDITIONS FORM WITH THE COURT THAT IS THE LAWFUL VENUE FOR A PROCEEDING
 FILED PURSUANT TO THIS ARTICLE WITH RESPECT TO THEIR DWELLING, AND SHALL
 ALSO PROVIDE A COPY OF THE FILING  TO  THEIR  LANDLORD  AT  THE  ADDRESS
 DESIGNATED ON THEIR MULTIPLE DWELLING REGISTRATION.
   (F)  NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PREVENT EVICTION
 PROCEEDINGS FROM BEING COMMENCED OR SHALL CAUSE EVICTION PROCEEDINGS  TO
 BE  STAYED  IF  THE  TENANT IS PERSISTENTLY AND UNREASONABLY ENGAGING IN
 BEHAVIOR THAT SUBSTANTIALLY INFRINGES ON THE USE AND ENJOYMENT OF  OTHER
 TENANTS  OR  OCCUPANTS  OR  THAT  CAUSES  A SUBSTANTIAL SAFETY HAZARD TO
 OTHERS, PROVIDED IF AN EVICTION PROCEEDING IS PENDING AT  THE  EFFECTIVE
 DATE  OF  THIS  PROVISION, BUT THE PETITIONER HAS NOT PREVIOUSLY ALLEGED
 THAT THE TENANT PERSISTENTLY AND UNREASONABLY ENGAGED IN  SUCH  BEHAVIOR
 IN  SAID  PROCEEDING,  THE  PETITIONER SHALL BE REQUIRED TO SUBMIT A NEW
 PETITION WITH SUCH ALLEGATIONS AND COMPLY WITH ALL  NOTICE  AND  SERVICE
 REQUIREMENTS PURSUANT TO THIS ARTICLE.
   2.  (A)  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 prem-
 ises, 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  RECORD  OF  ANY  APPLICABLE
 STATE,  CITY  OR  LOCAL CODES RELATING TO HOUSING MAINTENANCE, SAFETY OR
 HOUSING STANDARDS PERTAINING TO THE SUBJECT PREMISES OR  IN  THE  COMMON
 AREAS OF THE SUBJECT BUILDING, NOR ANY CONDITIONS THAT OTHERWISE CONTRA-
 VENE  SECTION  TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW IN THE
 SUBJECT PREMISES OR IN THE COMMON AREAS OF THE SUBJECT BUILDING, NOR ANY
 TENANT DECLARATION  OF  HOUSING  CONDITIONS  DECLARING  CONDITIONS  THAT
 CONTRAVENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW OR
 THAT VIOLATE ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO HOUS-
 ING MAINTENANCE, SAFETY OR HOUSING STANDARDS, IN THE SUBJECT PREMISES OR
 A. 1621--A                          4
 
 IN THE COMMON AREAS OF THE SUBJECT BUILDING OR THAT ARE HAZARDOUS CONDI-
 TIONS  IN  THE  LANDLORD'S  PORTFOLIO HEREIN SUBJECT TO PARAGRAPH (B) OF
 SUBDIVISION ONE OF THIS SECTION, NOR ANY CONDITIONS THAT  ARE  HAZARDOUS
 VIOLATIONS  OF  ANY  APPLICABLE  STATE,  CITY OR LOCAL CODES RELATING TO
 HOUSING MAINTENANCE, SAFETY OR HOUSING STANDARDS OR HAZARDOUS CONDITIONS
 IN ANY BUILDING IN THE LANDLORD'S PORTFOLIO.
   (B) The  fourteen-day  notice  shall  append  or  contain  the  notice
 required  pursuant to section two hundred thirty-one-c of the real prop-
 erty 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.  (A)  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 prem-
 ises, has been served upon [him] SUCH TENANT as  prescribed  in  section
 seven  hundred thirty-five of this article, AND AT THE TIME OF COMMENCE-
 MENT OF THE PROCEEDING THERE ARE NO VIOLATIONS OF RECORD OF ANY APPLICA-
 BLE STATE, CITY OR LOCAL CODES RELATING TO HOUSING  MAINTENANCE,  SAFETY
 OR HOUSING STANDARDS PERTAINING TO THE SUBJECT PREMISES OR IN THE COMMON
 AREAS OF THE SUBJECT BUILDING, NOR ANY CONDITIONS THAT OTHERWISE CONTRA-
 VENE  SECTION  TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW IN THE
 SUBJECT PREMISES OR IN THE COMMON AREAS OF THE SUBJECT BUILDING, NOR ANY
 TENANT DECLARATION  OF  HOUSING  CONDITIONS  DECLARING  CONDITIONS  THAT
 CONTRAVENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW OR
 THAT VIOLATE ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO HOUS-
 ING  MAINTENANCE, SAFETY OR HOUSING STANDARDS IN THE SUBJECT PREMISES OR
 IN THE COMMON AREAS OF THE SUBJECT BUILDING THAT  ARE  HAZARDOUS  CONDI-
 TIONS  IN  ANY BUILDING IN THE LANDLORD'S PORTFOLIO SUBJECT TO PARAGRAPH
 (B) OF SUBDIVISION ONE OF THIS SECTION HEREIN, NOR ANY  CONDITIONS  THAT
 ARE  HAZARDOUS  CONDITIONS  OF ANY APPLICABLE STATE, CITY OR LOCAL CODES
 RELATING TO HOUSING MAINTENANCE, SAFETY OR HOUSING STANDARDS OR  HAZARD-
 OUS VIOLATIONS IN ANY BUILDING IN THE LANDLORD'S PORTFOLIO.
   (B)  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 thereto. Where  a  tenant  dies
 during  the  term  of  the  lease and rent due has not been paid and the
 A. 1621--A                          5
 
 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.
   (C) WHERE A TENANT DECLARATION OF HOUSING CONDITIONS  HAS  BEEN  FILED
 WITH  THE  LANDLORD AND THE COURT THAT IS THE LAWFUL VENUE FOR A SPECIAL
 PROCEEDING UNDER THIS SUBDIVISION, OR WHERE THERE EXIST  ANY  VIOLATIONS
 OF RECORD OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO HOUS-
 ING MAINTENANCE, SAFETY OR HOUSING STANDARDS IN THE SUBJECT APARTMENT OR
 IN  THE COMMON AREAS OF THE SUBJECT BUILDING OR ANY HAZARDOUS VIOLATIONS
 OF RECORD OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO HOUS-
 ING MAINTENANCE, SAFETY OR HOUSING STANDARDS IN  OR  PERTAINING  TO  ANY
 BUILDING IN THE LANDLORD'S PORTFOLIO, A LANDLORD MAY COMMENCE A PROCEED-
 ING  UNDER  THIS  SUBDIVISION BY FILING, WITH THE PETITION AND NOTICE OF
 PETITION PRESCRIBED BY SECTION SEVEN HUNDRED THIRTY-ONE OF THIS ARTICLE,
 AN AFFIRMATION  INCLUDING  FACTS  ESTABLISHING  THAT  THE  LANDLORD  HAS
 CORRECTED  ANY  PURPORTED CONDITIONS CONTAINED IN THE TENANT DECLARATION
 OF HOUSING CONDITIONS, OR THAT THE CONDITIONS SPECIFIED  IN  THE  TENANT
 DECLARATION  OF  HOUSING CONDITIONS NEVER EXISTED OR THAT ANY VIOLATIONS
 WERE PLACED ERRONEOUSLY BY A STATE, CITY, OR LOCAL  AGENCY,  OR  THAT  A
 STATE,  CITY OR LOCAL AGENCY, AUTHORITY OR DEPARTMENT ERRONEOUSLY FAILED
 TO REMOVE SUCH VIOLATIONS AFTER THEY WERE CORRECTED.
   (D) FAILURE BY THE LANDLORD  TO  DISCLOSE  AN  EXISTING  VIOLATION  OF
 RECORD  OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO HOUSING
 MAINTENANCE, SAFETY OR HOUSING STANDARDS OR ANY CONDITION THAT OTHERWISE
 CONTRAVENES SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW
 IN  THE SUBJECT PREMISES OR IN THE COMMON AREAS OF THE SUBJECT BUILDING,
 OR HAZARDOUS CONDITIONS OR HAZARDOUS VIOLATIONS OF RECORD OF ANY  APPLI-
 CABLE STATE, CITY OR LOCAL CODES RELATING TO HOUSING MAINTENANCE, SAFETY
 OR HOUSING STANDARDS IN ANY BUILDING IN THE LANDLORD'S PORTFOLIO SUBJECT
 TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION HEREIN, OR AN EXIST-
 ING  TENANT  DECLARATION OF HOUSING CONDITIONS IS GROUNDS FOR DISMISSAL.
 IF THE COURT FINDS THAT THE ALLEGATIONS IN SUCH A  LANDLORD  AFFIRMATION
 ARE  UNTRUE  REGARDING THE CORRECTION OR NONEXISTENCE OF CONDITIONS IN A
 TENANT DECLARATION OF HOUSING CONDITIONS OR  REGARDING  A  CORRECTED  OR
 ERRONEOUSLY  RECORDED  VIOLATION OF ANY APPLICABLE STATE, CITY, OR LOCAL
 CODES RELATED TO HOUSING MAINTENANCE, SAFETY, OR HOUSING  STANDARDS  AND
 CONDITIONS, THIS IS GROUNDS FOR DISMISSAL.
   (E)  A  TENANT  DECLARATION  OF  HOUSING  CONDITIONS  SHALL BE USED BY
 TENANTS AND OCCUPANTS TO PROVIDE NOTIFICATION AT ANY TIME THAT AT  LEAST
 ONE  CONDITION THAT CONTRAVENES SECTION TWO HUNDRED THIRTY-FIVE-B OF THE
 REAL PROPERTY LAW OR ANY APPLICABLE STATE, CITY OR LOCAL CODES  RELATING
 TO  HOUSING  MAINTENANCE,  SAFETY  OR  HOUSING  STANDARDS  EXISTS IN THE
 SUBJECT PREMISES OR IN THE COMMON AREAS OF THE SUBJECT BUILDING OR  THAT
 AT  LEAST  ONE  HAZARDOUS  CONDITION EXISTS IN ANY BUILDING IN THE LAND-
 LORD'S PORTFOLIO SUBJECT TO PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  THIS
 SECTION HEREIN. A TENANT OR OCCUPANT SHALL FILE A SIGNED TENANT DECLARA-
 TION  OF HOUSING CONDITIONS FORM WITH THE COURT THAT IS THE LAWFUL VENUE
 FOR A PROCEEDING FILED PURSUANT TO THIS ARTICLE WITH  RESPECT  TO  THEIR
 DWELLING,  AND SHALL ALSO PROVIDE A COPY OF THE FILING TO THEIR LANDLORD
 AT THE ADDRESS DESIGNATED ON THEIR MULTIPLE DWELLING REGISTRATION.
   § 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  IN THE LANDLORD AFFIRMATION THAT AT THE TIME OF COMMENCE-
 MENT OF THE PROCEEDING THAT THERE ARE NO VIOLATIONS  OF  RECORD  OF  ANY
 A. 1621--A                          6
 
 APPLICABLE  STATE,  CITY OR LOCAL CODES RELATING TO HOUSING MAINTENANCE,
 SAFETY OR HOUSING STANDARDS IN THE SUBJECT PREMISES OR COMMON  AREAS  OF
 THE  BUILDING NOR ANY TENANT DECLARATION OF HOUSING CONDITIONS DECLARING
 CONDITIONS THAT CONTRAVENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL
 PROPERTY  LAW  IN  THE  SUBJECT  PREMISES  OR IN THE COMMON AREAS OF THE
 SUBJECT BUILDING OR HAZARDOUS CONDITIONS AS  SUCH  TERM  IS  DEFINED  IN
 PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED ELEVEN OF THIS
 ARTICLE  IN OR PERTAINING TO ANY BUILDING IN THE LANDLORD'S PORTFOLIO AS
 SUCH TERM IS DEFINED IN PARAGRAPH (D)  OF  SUBDIVISION  ONE  OF  SECTION
 SEVEN  HUNDRED ELEVEN OF THIS ARTICLE SUBJECT TO PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION SEVEN HUNDRED ELEVEN OF THIS ARTICLE  HEREIN,  NOR
 ANY  HAZARDOUS  CONDITIONS  AS  SUCH TERM IS DEFINED IN PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION SEVEN  HUNDRED  ELEVEN  OF  THIS  ARTICLE  OR
 HAZARDOUS  VIOLATIONS  OF  RECORD OF ANY APPLICABLE STATE, CITY OR LOCAL
 CODES RELATING TO HOUSING MAINTENANCE, SAFETY OR HOUSING STANDARDS IN OR
 PERTAINING TO ANY BUILDING IN THE LANDLORD'S PORTFOLIO AS SUCH  TERM  IS
 DEFINED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
 ELEVEN OF THIS ARTICLE.
   § 3. The real property action and proceedings law is amended by adding
 a new section 752 to read as follows:
   § 752. STAY OF PROCEEDING OR ACTION FOR NONPAYMENT AND HOLDOVER  CASES
 UPON  A  FINDING  OF EXISTING VIOLATIONS. 1. UPON COURT DISCOVERY OF ANY
 NEW VIOLATIONS OF RECORD OF ANY APPLICABLE STATE, CITY  OR  LOCAL  CODES
 RELATING  TO  HOUSING  MAINTENANCE,  SAFETY  OR HOUSING STANDARDS IN THE
 SUBJECT APARTMENT OR IN THE COMMON AREAS OF THE SUBJECT BUILDING, OR ANY
 HAZARDOUS CONDITIONS AS DEFINED BY PARAGRAPH (D) OF SUBDIVISION  ONE  OF
 SECTION  SEVEN HUNDRED ELEVEN OF THIS ARTICLE OR HAZARDOUS VIOLATIONS OF
 RECORD OF ANY APPLICABLE STATE, CITY OR LOCAL CODES RELATING TO  HOUSING
 MAINTENANCE,  SAFETY  OR  HOUSING STANDARDS IN ANY BUILDING IN THE LAND-
 LORD'S PORTFOLIO AS DEFINED BY  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION SEVEN HUNDRED ELEVEN OF THIS ARTICLE ARISING AFTER THE COMMENCE-
 MENT OF THE PROCEEDING A STAY SHALL BE GRANTED AND REMAIN IN EFFECT ONLY
 UNTIL  THE  CONDITION  OR VIOLATION IS CORRECTED CONSISTENT WITH WHAT IS
 REQUIRED BY LAW.
   2. UPON COURT RECEIPT OF ANY NEW TENANT DECLARATION OF HOUSING  CONDI-
 TIONS FILED AT ANY TIME THEREAFTER THE COMMENCEMENT OF THE PROCEEDING, A
 STAY  SHALL  BE GRANTED AND REMAIN IN EFFECT ONLY UNTIL THE CONDITION IS
 CORRECTED CONSISTENT WITH WHAT IS REQUIRED BY LAW.
   § 4. 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.

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Assembly Bill A1621A

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Sponsored By

ROSENTHAL

Current Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Jeffrey Dinowitz

Al Taylor

Maritza Davila

Karines Reyes

multi-Sponsors

William Colton

Deborah Glick

2025-A1621 - Details

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2025-A1621 - Bill Text download pdf

co-Sponsors

Jeffrey Dinowitz

Al Taylor

Maritza Davila

Karines Reyes

multi-Sponsors

William Colton

Deborah Glick

2025-A1621A (ACTIVE) - Details

2025-A1621A (ACTIVE) - Summary

2025-A1621A (ACTIVE) - Bill Text download pdf

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