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Senate Bill S4098A

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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Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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Bill Amendments

co-Sponsors

2025-S4098 - Details

See Assembly Version of this Bill:
A1621
Current Committee:
Senate Housing, Construction And Community Development
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: S5438, A505
2015-2016: S593, A604
2017-2018: S3646, A3212
2019-2020: S4788, A2036
2021-2022: S5278, A490
2023-2024: S6769, A1853

2025-S4098 - Summary

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

2025-S4098 - Sponsor Memo

2025-S4098 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4098
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sens. PARKER, FERNANDEZ, HARCKHAM, SALAZAR -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Housing, Construction and Community Development
 
 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
              

co-Sponsors

2025-S4098A (ACTIVE) - Details

See Assembly Version of this Bill:
A1621
Current Committee:
Senate Housing, Construction And Community Development
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: S5438, A505
2015-2016: S593, A604
2017-2018: S3646, A3212
2019-2020: S4788, A2036
2021-2022: S5278, A490
2023-2024: S6769, A1853

2025-S4098A (ACTIVE) - Summary

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

2025-S4098A (ACTIVE) - Sponsor Memo

2025-S4098A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4098--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sens.  PARKER,  BRISPORT, FERNANDEZ, GONZALEZ, HARCKHAM,
   JACKSON, RAMOS, RIVERA, SALAZAR,  SERRANO,  WEBB  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Housing, Construction and Community Development -- recommitted to  the
   Committee  on  Housing,  Construction  and  Community  Development  in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.
                                                            LBD04167-03-6
              

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