Assembly Bill A9033

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9033
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to enacting the "extreme weather tenant protection act"
 
   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 "extreme weather tenant protection act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares that:
   1.  Extreme  weather  conditions, including excessive heat, pose grave
 risks to the health, safety, and welfare of residents of  the  state  of
 New York.
   2.  Since  2017,  more  than  7,500 New York city households have been
 evicted on days when temperatures exceeded ninety (90)  degrees  Fahren-
 heit, disproportionately affecting low-income and heat-vulnerable commu-
 nities.
   3.  Medical  and public health data show that extreme heat contributes
 to hundreds of premature deaths annually in New York  city,  and  sudden
 displacement  during such conditions increases the risk of heat illness,
 dehydration, and death.
   4. Current suspension of evictions by law enforcement agencies  during
 extreme  weather  has  been  ad  hoc, informal, and unannounced, leaving
 tenants without clear protections.
   5. Several jurisdictions, including Maryland, Sonoma County  (Califor-
 nia),  and  Cook  County (Illinois), have enacted laws pausing evictions
 during severe weather, demonstrating the feasibility  and  necessity  of
 formal statutory protection.
   6.  It  is  therefore the intent of this act to establish a statewide,
 formal moratorium on residential evictions  during  periods  of  extreme
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13648-01-5
 A. 9033                             2
              

 weather, including excessive heat, while preserving landlords' rights to
 pursue lawful remedies once such conditions have subsided.
   §  3.  The  real  property  actions  and proceedings law is amended by
 adding a new section 753-a to read as follows:
   § 753-A. EXTREME WEATHER CONDITION EVICTION MORATORIUMS.  1.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  THE TERM "EXTREME WEATHER CONDITION" SHALL
 MEAN:
   (A) (I) ANY PERIOD FOR WHICH THE NATIONAL WEATHER SERVICE  HAS  ISSUED
 AN  OFFICIAL  WARNING OR ADVISORY FOR EXCESSIVE HEAT, DEFINED AS A FORE-
 CASTED HEAT INDEX OR REAL-FEEL TEMPERATURE OF NINETY DEGREES  FAHRENHEIT
 OR HIGHER; OR
   (II)  ANY  PERIOD FOR WHICH THE GOVERNOR HAS DECLARED A STATE OF EMER-
 GENCY UNDER SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW RELATED TO EXTREME
 COLD, STORM, FLOOD, WILDFIRE SMOKE, OR OTHER SEVERE WEATHER EVENT; AND
   (B) THE SEVENTY-TWO HOUR PERIOD FOLLOWING A PERIOD UNDER PARAGRAPH (A)
 OF THIS SUBDIVISION.
   2. (A) IN A PROCEEDING TO RECOVER POSSESSION OF  A  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 AN EXTREME WEATHER CONDITION.
   (B)  AT  THE COMMENCEMENT OF AN EXTREME WEATHER CONDITION, ALL PENDING
 UNEXECUTED JUDGMENTS AND WARRANTS ISSUED UNDER THIS ARTICLE SHALL  AUTO-
 MATICALLY  BE  STAYED THROUGH THE END OF SUCH EXTREME WEATHER CONDITION.
 NO OFFICER OF THE COURT,  SHERIFF,  MARSHAL,  OR  CITY  CONSTABLE  SHALL
 EXECUTE  OR  ENFORCE  A WARRANT OF EVICTION OR WRIT OF POSSESSION UPON A
 RESIDENTIAL TENANT DURING AN EXTREME WEATHER CONDITION.
   3. DURING AN EXTREME WEATHER CONDITION, 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  SUCH  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.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO:
   (A)  CANCEL,  FORGIVE,  OR  PERMANENTLY  STAY  ANY  LAWFUL JUDGMENT OF
 EVICTION;
   (B)  PROHIBIT  A  LANDLORD  FROM  INITIATING  OR  CONTINUING  EVICTION
 PROCEEDINGS,  PROVIDED  THAT NO PHYSICAL REMOVAL OF A TENANT SHALL OCCUR
 DURING THE MORATORIUM PERIOD ESTABLISHED UNDER THIS SECTION.
   5. (A) ANY EVICTION CARRIED OUT IN VIOLATION OF THIS SECTION SHALL  BE
 DEEMED VOID AND UNENFORCEABLE.
   (B)  A  TENANT  UNLAWFULLY REMOVED DURING AN EXTREME WEATHER CONDITION
 SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES, COSTS, AND  REASONABLE
 ATTORNEY'S FEES.
   (C)  THE  ATTORNEY GENERAL SHALL HAVE CONCURRENT AUTHORITY TO BRING AN
 ACTION TO ENFORCE COMPLIANCE WITH THIS SECTION.
 A. 9033                             3
 
   6. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH THE  DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL AND LOCAL GOVERNMENTS, SHALL ISSUE
 PUBLIC NOTICE OF A SUSPENSION OF EVICTIONS UNDER THIS SECTION BY POSTING
 ON OFFICIAL WEBSITES, NOTIFYING LEGAL SERVICES ORGANIZATIONS, AND ALERT-
 ING AFFECTED COMMUNITIES.
   § 4. This act shall take effect immediately.