Assembly Bill A8454A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8454--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee  on  Housing  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  real  property law, in relation to creating the
   tenants' bill of rights

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "tenants'
 bill of rights".
   § 2. The real property law is amended by adding a new section 230-a to
 read as follows:
   § 230-A. TENANTS' BILL OF RIGHTS. 1. ANY TENANT WHO OCCUPIES A  RENTAL
 PROPERTY AS THEIR PRIMARY RESIDENCE SHALL HAVE THE FOLLOWING RIGHTS:
   (A)  THE  RIGHT  TO  PREMISES  THAT  ARE  FIT  FOR HUMAN HABITATION AS
 PROVIDED BY THE WARRANTY OF HABITABILITY PROVIDED BY SECTION TWO HUNDRED
 THIRTY-FIVE-B OF THIS ARTICLE;
   (B) THE RIGHT TO FORM, JOIN  OR  PARTICIPATE  IN  TENANTS'  GROUPS  AS
 PROVIDED IN SECTION TWO HUNDRED THIRTY OF THIS ARTICLE;
   (C)  THE  RIGHT  TO  BE  FREE FROM RETALIATION BY LANDLORD AGAINST THE
 TENANT AS PROVIDED IN SECTION TWO HUNDRED TWENTY-THREE-B OF  THIS  ARTI-
 CLE;
   (D)  IN  BUILDINGS  WITH  FOUR OR MORE RESIDENTIAL UNITS, THE RIGHT TO
 SUBLEASE OR ASSIGN THE TENANT'S RIGHTS TO THE UNIT  IN  ACCORDANCE  WITH
 THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-SIX-B OF THIS ARTICLE;
   (E)  THE  RIGHT TO NOTICE OF RENT INCREASE OR NON-RENEWAL OF THE RESI-
 DENTIAL TENANCY AS PROVIDED IN SECTION TWO HUNDRED TWENTY-SIX-C OF  THIS
 ARTICLE;
   (F) THE RIGHT TO TERMINATE THE LEASE IN ACCORDANCE WITH THE PROVISIONS
 OF SECTION TWO HUNDRED TWENTY-SEVEN-A, TWO HUNDRED TWENTY-SEVEN-B OR TWO
 HUNDRED TWENTY-SEVEN-C OF THIS ARTICLE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13051-02-5
 A. 8454--A                          2
              

 
   (G) THE RIGHT TO OFFSET PAYMENTS MADE TO A UTILITY COMPANY AGAINST THE
 RENT  DUE AS PROVIDED IN SECTION TWO HUNDRED THIRTY-FIVE-A OF THIS ARTI-
 CLE, APPLICABLE TO ANY RESIDENTIAL UNIT;
   (H) THE RIGHT TO RECEIVE A RECEIPT FOR THE PAYMENT OF RENT AS PROVIDED
 IN SECTION TWO HUNDRED THIRTY-FIVE-E OF THIS ARTICLE;
   (I)  THE  RIGHT  NOT  TO  UTILIZE AN ELECTRONIC BILLING AND/OR PAYMENT
 SYSTEM AS THE ONLY METHOD FOR THE PAYMENT OF RENT AS PROVIDED IN SECTION
 TWO HUNDRED THIRTY-FIVE-G OF THIS ARTICLE; AND
   (J) THE RIGHTS PERTAINING TO SECURITY  DEPOSITOR  ADVANCE  PAYMENT  OF
 RENT  AS  PROVIDED  IN  SECTIONS 7-103, 7-105, 7-107 AND/OR 7-108 OF THE
 GENERAL OBLIGATIONS LAW.
   2. SUBJECT TO THE PROVISIONS OF SUBDIVISION  THREE  OF  THIS  SECTION,
 EACH LANDLORD RENTING A RESIDENTIAL UNIT IN THIS STATE SHALL:
   (A) ATTACH A COPY OF THE TENANTS' BILL OF RIGHTS TO EACH WRITTEN LEASE
 AND PROVIDE THE SAME TO THE TENANT WITH THE EXECUTED LEASE;
   (B)  PROVIDE  A  COPY  OF  THE  TENANTS' BILL OF RIGHTS TO EACH TENANT
 ENTERING INTO AN ORAL LEASE AT THE TIME THE TENANT AGREES TO THE  LEASE;
 AND
   (C) FOR UNITS CONTAINING MORE THAN SIX RENTAL UNITS, AFFIX A NOTICE TO
 TENANTS OF THE RIGHTS DESCRIBED IN THIS SECTION TO THE FRONT ENTRANCE TO
 THE  RENTAL  PREMISES OR ELSEWHERE IN THE BUILDING IN A LOCATION READILY
 AVAILABLE TO THE TENANTS.
   3. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF  THIS  SUBDIVISION,  THE
 PROVISIONS OF THIS SECTION APPLY TO WRITTEN AND/OR ORAL LEASES FOR RESI-
 DENTIAL  PROPERTY,  INCLUDING  LEASES  FOR SUBSIDIZED, RENT-REGULATED OR
 RENT STABILIZED UNITS.
   (B) THE FOLLOWING PROPERTIES ARE EXEMPT FROM THE  PROVISIONS  OF  THIS
 SECTION:
   (I) UNITS IN OWNER-OCCUPIED BUILDINGS WITH SIX OR FEWER UNITS;
   (II) UNITS IN HOTELS, MOTELS, ROOMING HOUSES, UNLESS RENT IS PAID ON A
 MONTHLY BASIS AND SUCH UNIT IS OCCUPIED FOR MORE THAN THIRTY-TWO DAYS;
   (III) SCHOOL DORMITORY ROOMS;
   (IV) SHELTERS;
   (V) EMPLOYEES' QUARTERS;
   (VI) NON-RESIDENTIAL RENTAL PROPERTIES; AND
   (VII)  OWNER-OCCUPIED  COOPERATIVE  APARTMENTS WHERE THE TENANT IS THE
 UNIT OWNER OR SHAREHOLDER OF A COOPERATIVE HOUSING  CORPORATION,  OR  IS
 THE OWNER-OCCUPIED CONDOMINIUM APARTMENT.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.