NY State Senate Bill 2025-S7046

Senate Bill S7046

2025-2026 Legislative Session

Reduces the period of notice required to be given when a written demand for rent is served on a tenant and the period of notice to be given serving a warrant issued pursuant to a final judgment of eviction

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 31, 2025	referred to housing, construction and community development

2025-S7046 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§711 & 749, RPAP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7854
2021-2022: S4268
2023-2024: S4224

2025-S7046 (ACTIVE) - Summary

Reduces 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.

2025-S7046 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7046

SPONSOR: GRIFFO
 
TITLE OF BILL:

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

 
PURPOSE:

To reduce the period of notice required to be given to a tenant by a
landlord when a written demand for rent is served on a tenant after the
tenant has defaulted in the payment of rent from fourteen days to seven
days. Additionally, the bill would reduce the period of notice required
to be given when serving a warrant pursuant to a final judgment of
eviction from fourteen days to seven days.

 
SUMMARY OF PROVISIONS:

1. Section 1: Amends subdivision 2 of section 711 of the real property
actions and proceedings law, as amended by section 12 of part M of chap-
ter 36 of the laws of 2019, to reduce the period of notice required to
be given to a tenant by a landlord when a written demand for rent is
served on a tenant after the tenant has defaulted in the payment of rent
from fourteen days to seven days.

2. Section 2: Amends subdivision 2 of section 749 of the real property
actions and proceedings law, as amended by section 12 of part M of chap-
ter 36 of the laws of 2019, to reduce the period of notice required to
be given when serving a warrant pursuant to a final judgment of eviction
from fourteen days to seven days.

3. Section 3: Provides the effective date.

 
JUSTIFICATION:

On June 14, 2019, Governor Andrew Cuomo signed into law the Housing
Stability and Tenant Protection Act of 2019. While many of the
protections in the new law tbcus on rent stabilization and rent control
for residents in New York City. several key provisions affect Upstate
New York landlords with both commercial and residential leases. Under
the prior law, when a tenant failed to pay rent, a landlord was required
to give 3 days' notice requiring either payment if rent or possession of
the premises. Now. under the new law. there must be a written demand for
rent with at least 14 days' notice. Additionally, a tenant now has 14
days to vacate after notice of a warrant.  Previously, the tenant had 72
hours to vacate the premises prior to execution.

Taken together, the Housing Stability and Tenant Protection Act of 2019
has extended the time tenants may remain at a premises despite non-pay-
ment. In the case of a residential summary proceeding, if rent is due on
the 1st of the month, a demand for rent or a late fee cannot be charged
until the 6th. After that, assuming the tenant does not pay. a notice
may be sent and the landlord must give the tenant 14 days without
further action under the new law. After 14 days pass (or on the 20th of
the month assuming consecutive action), the landlord may commence a
summary proceeding by serving a notice.  However. the landlord must then
wait at least 10 days before a hearing, bringing us to the 24th of the
month: Assuming that a hearing is scheduled on the 10th day and assuming
a warrant is issued and served the same day. the landlord must wait an
additional 14 days before the warrant may be executed, bringing us to
the ninth or 10th day of the following month.

In this scenario, assuming timely and consecutive actions are taken. a
proceeding may take a month and a half. After speaking to many landlords
in the Mohawk Valley and throughout Upstate New York, I have been
advised that evictions are a last resort and that realistically a
proceeding would take much longer and with the time needed thr any need-
ed repairs and the advertisement of a unit, a landlord could potentially
face over 3 months in which they will not receive rent for a unit.

Many Upstate landlords only own a few units locally, and non-payment of
rent causes issues as it is income that a landlord personally relies
upon. While in the past. many of these landlords would have been more
flexible and understanding of struggles laced by their tenants, they are
now left in a position where the length of time required to begin and
complete a proceeding makes flexibility a huge risk and liability.
Reducing the required periods of notice after a written demand for rent
and after the granting of an eviction by a court. would lessen the
burden and financial repercussion that landlords would face.

 
LEGISLATIVE HISTORY:

2023-24 - S.4224-Housing, Construction and Community Development Commit-
tee

2021-22 - S. 4268/A. 1170 - Housing Construction and Community Develop-
ment Committee.

2020 S. 7854 - Housing Construction and Community Development Committee.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately

2025-S7046 (ACTIVE) - Bill Text download pdf

                             
                     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.

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