S T A T E O F N E W Y O R K
________________________________________________________________________
7046
2025-2026 Regular Sessions
I N S E N A T E
March 31, 2025
___________
Introduced by Sen. GRIFFO -- 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11412-01-5
S. 7046 2
justification for such increase. Any person succeeding to the landlord's
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.