Assembly Bill A7957A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7957--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Judiciary -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the real property law, in relation to providing remedies
   for tenants of illegal dwelling units who were forced to vacate due to
   an emergency vacate order or eviction
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 235-k to read as follows:
   §  235-K.  REMEDIES  FOR TENANTS OF ILLEGAL DWELLING UNITS. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "ILLEGAL DWELLING UNIT" MEANS ANY UNIT:
   (I)  PROHIBITED FROM LAWFUL RESIDENTIAL OCCUPANCY BY A TENANT PURSUANT
 TO ANY LAW, RULE, REGULATION, ORDINANCE, EXPRESS OR IMPLIED WARRANTY, OR
 CODE;
   (II) FOR WHICH THE LANDLORD HAD ACTUAL  KNOWLEDGE  OF  THE  CONDITIONS
 PROHIBITING  LAWFUL RESIDENTIAL OCCUPANCY BY A TENANT UNDER SUBPARAGRAPH
 (I) OF THIS PARAGRAPH BEFORE ENTERING INTO A LEASE  AGREEMENT  WITH  THE
 TENANT; AND
   (III)  FOR  WHICH THE TENANT HAD NO ACTUAL KNOWLEDGE OF THE CONDITIONS
 PROHIBITING LAWFUL RESIDENTIAL OCCUPANCY BY A TENANT UNDER  SUBPARAGRAPH
 (I)  OF  THIS  PARAGRAPH BEFORE ENTERING INTO A LEASE AGREEMENT WITH THE
 LANDLORD.
   (B) "LANDLORD" MEANS THE PROPERTY OWNER, THE MANAGING  AGENT,  OR  ANY
 PERSON OR ENTITY COLLECTING RENT FROM A TENANT ON BEHALF OF THE PROPERTY
 OWNER.
   2. ANY TENANT WHO IS DISPLACED DUE TO AN EMERGENCY VACATE ORDER ISSUED
 PURSUANT  TO  SECTION 28-207.4 OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK ON OR AFTER THE EFFECTIVE DATE OF  THIS  SECTION,  BASED  ON  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11228-03-5
              

 A. 7957--A                          2
 
 FINDING  THAT  SUCH TENANT WAS OCCUPYING AN ILLEGAL DWELLING UNIT, SHALL
 BE ENTITLED TO A FULL REBATE OF ALL RENT PAID  DURING  THE  TENANCY  FOR
 SUCH ILLEGAL DWELLING UNIT.
   3.  ANY TENANT WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS
 EVICTED FROM AN ILLEGAL DWELLING UNIT, WHETHER BY COURT ORDER,  ADMINIS-
 TRATIVE  PROCEEDING,  OR  INFORMAL  MEANS, SHALL HAVE A PRIVATE RIGHT OF
 ACTION AGAINST THE LANDLORD OF SUCH ILLEGAL DWELLING UNIT TO RECOVER ALL
 RENT PAID DURING THE TENANCY OF SUCH ILLEGAL DWELLING UNIT.
   4. THE REMEDIES UNDER THIS SECTION SHALL APPLY TO ANY LAWFUL SUBTENANT
 OR OCCUPANT, REGARDLESS OF WHETHER SUCH INDIVIDUAL HAD  A  DIRECT  LEASE
 WITH THE LANDLORD OF THE SUBJECT ILLEGAL DWELLING UNIT. A LANDLORD OF AN
 ILLEGAL  DWELLING  UNIT SHALL NOT AVOID ANY LIABILITY UNDER THIS SECTION
 ON THE BASIS THAT THE OCCUPANT OF  SUCH  ILLEGAL  DWELLING  UNIT  WAS  A
 SUBTENANT  OR  LICENSEE THEREOF, PROVIDED THAT RENT WAS PAID DIRECTLY OR
 INDIRECTLY TO SUCH LANDLORD.
   5. IN ANY CASE WHERE A TENANT IS VACATED FROM AN ILLEGAL DWELLING UNIT
 UNDER THE CIRCUMSTANCES DESCRIBED IN SUBDIVISION TWO OR  THREE  OF  THIS
 SECTION,  AND  THERE  IS  NO SAFE OR ACCESSIBLE ON-SITE LOCATION FOR THE
 TEMPORARY STORAGE OF SUCH TENANT'S PERSONAL PROPERTY, THE LANDLORD SHALL
 BE RESPONSIBLE FOR COVERING THE REASONABLE  COSTS  ASSOCIATED  WITH  THE
 REMOVAL  AND  STORAGE  OF SUCH TENANT'S PERSONAL PROPERTY, INCLUDING BUT
 NOT LIMITED TO FURNITURE AND  PERSONAL  EFFECTS,  IN  A  SECURE  STORAGE
 FACILITY.    SUCH  STORAGE FACILITY SHALL BE LOCATED WITHIN A REASONABLE
 DISTANCE FROM THE VACATED PREMISES, NOT TO EXCEED  TEN  MILES  UNLESS  A
 GREATER  DISTANCE  IS  AGREED  TO IN WRITING BY THE TENANT. THE LANDLORD
 SHALL REMAIN RESPONSIBLE FOR SUCH STORAGE COSTS FOR A PERIOD  OF  UP  TO
 NINETY  DAYS  FROM THE DATE SUCH TENANT WAS REQUIRED TO VACATE THE PREM-
 ISES, UNLESS SUCH TENANT RETRIEVES SUCH STORED PERSONAL PROPERTY EARLIER
 OR NOTIFIES THE LANDLORD IN WRITING THAT SUCH TENANT NO  LONGER  INTENDS
 TO  CLAIM SUCH PERSONAL PROPERTY. UPON APPLICATION BY THE TENANT AND FOR
 GOOD CAUSE SHOWN, A COURT MAY EXTEND THE LANDLORD'S OBLIGATION TO  COVER
 SUCH  STORAGE  COSTS FOR AN ADDITIONAL PERIOD NOT TO EXCEED THIRTY DAYS.
 NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT A TENANT'S RIGHT
 TO SEEK ADDITIONAL DAMAGES OR REMEDIES UNDER ANY OTHER PROVISION OF LAW.
   § 2. This act shall take effect immediately.