Assembly Bill A9393

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9393
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to reducing the period of notice required to be given when a
   written demand for rent is served on a tenant  after  the  tenant  has
   defaulted  in the payment of rent and the period of notice to be given
   serving a warrant issued pursuant to a final judgment of eviction from
   fourteen days to seven days
 
   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] SEVEN days' notice requir-
 ing, 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. The [fourteen-day]  SEVEN-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 proper-
 ty law above the applicable local rent standard, as defined in  subdivi-
 sion  eight  of section two hundred eleven of the real property law, the
 justification for such increase. Any person succeeding to the landlord's
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11412-01-5
              

 A. 9393                             2
 
 interest in the premises may proceed under this subdivision for rent due
 such person's predecessor in interest if 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. 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] SEVEN days'  notice  requir-
 ing,  in  the alternative, the payment of the rent, or the possession of
 the premises, has been served upon [him] THE  TENANT  as  prescribed  in
 section seven hundred thirty-five of this article. Any person succeeding
 to the landlord's interest in the premises may proceed under this subdi-
 vision  for rent due [his] SUCH PERSON'S 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 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 preju-
 dice to the possessory claims of the occupants, and any  warrant  issued
 shall not be effective as against the occupants.
   § 3. Paragraph (a) of subdivision 2 of section 749 of the real proper-
 ty  actions  and  proceedings law, as amended by section 19 of part M of
 chapter 36 of the laws of 2019, is amended to read as follows:
   (a) The officer to whom the warrant is directed  and  delivered  shall
 give  at  least  [fourteen]  SEVEN  days'  notice, in writing and in the
 manner prescribed in this article for the service of a notice  of  peti-
 tion,  to  the person or persons to be evicted or dispossessed and shall
 execute the warrant on a business day between the hours of  sunrise  and
 sunset.
   § 4. This act shall take effect immediately and shall apply to actions
 and  proceedings  commenced  on  or after such effective date; provided,
 however, that 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 two of this act shall take effect.