NY State Senate Bill 2025-S8612

Current Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 12, 2025	referred to rules

2025-S8612 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Amd §§211, 214, 216, 226-c & 231-c, RP L; amd §§711 & 741, RPAP L

2025-S8612 (ACTIVE) - Summary

Relates to enacting technical changes to the good cause eviction law.

2025-S8612 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8612

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property law and the real property actions and
proceedings law, in relation to enacting technical changes to the good
cause eviction law

 
PURPOSE:

This bill makes technical changes to the Good Cause Eviction Law for the
purpose of clarifying certain provisions and facilitating implementation
and compliance.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 211 of the Real
Property Law to require the Division of Housing and Community Renewal
(DHCR) to publish the annual inflation index, which is used to assess
the reasonableness of rent increases under Good Cause Eviction, by no
later than June 1 each year and to provide that the inflation index

shall become effective on October 1 of the same year. The current law
requires DHCR to publish the inflation index by August 1, and does not
specify an effective date.

Section 1 of the bill also adds a new subdivision 9 to define "consum-
mated," a term used in subdivision 7 of Section 214 of the Real Property
Law as amended by section 2 of the bill, summarized below.

Section 2 of the bill amends subdivision 5 of Section 214 of the Real
Property Law to clarify that in order to be exempt from protections
provided under the Good Cause Eviction Law, a housing unit that is
otherwise subject to rent increase protections under local, state, or
federal law, rule, or regulation must also be protected under such law,
rule, or regulation against non-renewal of tenancy without good cause.

Section 2 of the bill also amends subdivision 6 of Section 214 of the
Real Property Law to clarify that in order to be exempt from protections
provided under the Good Cause Eviction Law, a housing unit that is
designated as affordable to tenants at a specific income level pursuant
to a statute, regulation, restrictive declaration, or regulatory agree-
ment with a local, state, or federal government entity must also be
protected under such statute, regulation, restrictive declaration, or
regulatory agreement against non-renewal of tenancy without good cause.

Section 2 of the bill also amends subdivision 7 of Section 214 of the
Real Property Law to clarify that the exemption from protections
provided under the Good Cause Eviction Law for units in a cooperative or
condominium applies when an offering plan has been submitted to the
Attorney General's Office to convert the building into a cooperative or
a condominium and the offering plan has been consummated as defined
under Section 1 subdivision 9 (as added under Section 1 of the bill),
meaning that the building has begun operating as a cooperative or condo-
minium.

Section 2 of the bill also amends subdivision 8 of Section 214 of the
Real Property Law to clarify that under the 30-year exemption from
protection provided in the Good Caise Eviction Law for buildings that
were issued a temporary or permanent certificate of occupancy on or
after January 1, 2009, that the temporary or permanent certificate of
occupancy used to determine this exemption is the first one issued after
a building was built.

Section 2 of the bill also amends subdivision 15 of Section 214 of the
Real Property Law with the same amendments (described above) made by

Section 1 of the bill to subdivision 7 of Section 211 of the Real Prop-
erty Law regarding the publication and effective date of the inflation
index.

Section 3 of the bill amends subparagraph (i) of paragraph (a) of subdi-
vision 1 of Section 216 of the Real Property Law to clarify that the
provisions regarding reasonable rent increases refer to the amount the
rent goes up annually.

Section 3 of the bill also amends paragraph (j) of subdivision 1 of
Section 216 of the Real Property Law to increase the period within which
written notice of lease changes under Good Cause Eviction must be
provided to tenants from 30-90 days to 30-100 days prior to the
commencement of the renewal lease, to ensure consistency with other
notice provisions in state law.

Section 4 of the bill amends paragraph (a) of subdivision 1 of Section
226-c of the Real Property Law to provide for an exemption to the tenant
notification requirement under the Good Cause Eviction Law for proper-
ties exempt under subdivisions 5 or 6 of Section 214 of the Real Proper-
ty Law as long as the tenants in those properties are informed of their
rights in their leases. Subdivisions 5 and 6 offer exemptions to stabi-
lized, public, and other regulated housing pursuant to federal, state,
or local statutes or other forms of regulation.

Section 5 of the bill makes the following changes to the Good Cause
Eviction notification template in Section 231-c of the Real Property
Law:

-- Subparagraph F of Paragraph 2, which references the cooperative and
condominium exemption, is amended with the same change as in subdivision
7 of Section 214 of the Real Property Law under Section 3 of this bill
to indicate that an offering plan of a cooperative or condominium must
be consummated for the exemption to apply.

-- The opening paragraph of paragraph 3 adds language to indicate that
owners do not have to fill out that section of the notification if it is
for a new tenant being offered a new lease.

-- Subparagraph E of Paragraph 4 of subdivision 1 adds the commencement
of a nonpayment case as a requirement when the landlord is not renewing
the lease because rent is due and owing.

-- Subparagraph N of Paragraph 4 of subdivision 1 makes changes to
conform to provisions of Section 3 of this bill amending paragraph (j)
of subdivision 1 of Section 216 of the Real Property Law, to match the
updated allowable time period for owners to send Good Cause Eviction
notifications to tenants from 30-90 days to 30-100 days.


-- A new subdivision 2 is added to section 231-c of the Real Property
Law to provide for an exemption of the tenant notification requirement
under Good Cause Eviction for properties exempt under subdivisions 5 or
6 of Section 214 of the Real Property Law where the tenant has a lease
which provide the tenants with information about their rights under the
laws, regulations, rules, regulatory agreements or restrictive declara-
tions.

Section 6 of the bill amends subdivision 2 of section 711 of the Real
Property Actions and Proceedings Law to provide for an exemption of the
tenant notification requirement under Good Cause Eviction for properties
exempt under subdivisions 5 or 6 of Section 214 of the Real Property Law
where the tenant has a lease which provide the tenants with information
about their rights under the laws, regulations, rules, regulatory agree-
ments or restrictive declarations.

Section 7 of the bill amends subdivisions 5-a of section 741 of the Real
Property Actions and Proceedings Law to provide for an exemption of the
tenant notification requirement under Good Cause Eviction for properties
exempt under subdivisions 5 or 6 of Section 214 of the Real Property.
Law where the tenant has a lease which provide the tenants with informa-
tion about their rights under the laws, regulations, rules, regulatory
agreements or restrictive declarations.

Section 8 of the bill sets forth the effective date.

 
JUSTIFICATION:

The Fiscal Year 2024-2025 enacted New York State budget passed Good
Cause Eviction (GCE) into law. GCE extended tenant protections to
certain eligible market-rate tenants. Covered tenants may not be evicted
without good cause. GCE is mandated for New York City, while other
localities in the state may opt in.

This bill is intended to facilitate the implementation of and compliance
with GCE; the proposed changes are technical in nature.  These changes
are necessary to provide clarification regarding certain provisions that
tenants and property owners have found confusing or ambiguous, to remove
unnecessary administrative burdens, and to reinforce the legislative
intent of some parts of GCE where such intent can be better conveyed
through clearer language.

DHCR's Annual Guidance and Implementation Date Under GCE, a "reasonable
rent increase" means an increase that is less than or equal to "a rent
increase equal to the inflation index or ten percent, whichever is
lower." The Division of Housing and Community Renewal (DHCR) is tasked
with publishing the inflation index for the most recent preceding calen-
dar year. In 2024, DHCR published its inflation index notice in May.
Since it was the first notice in the first year of GCE implementation,
the inflation index determinations were readily adopted by property
owners. However, the law does not currently specify an effective date
for DHCR's annual notice. To avoid confusion going forward on which
year's inflation index a landlord should use for calculating reasonable
rent increases and for notifying tenants, it is necessary to specify
when a new DHCR notice comes into effect. In addition, because property
owners are required to provide notice to tenants of certain proposed
changes in their leases well in advance, including certain rent
increases, it is important that the new inflation index be published
well before it takes effect. This bill provides for the new index to be
published by June 1 and to take effect on October 1 each year.

Exemption Clarification for Cooperatives and Condominiums GCE exempts
units owned as cooperative and condominium housing from the law. Co-op
and condo housing can be created by new construction or by converting
from rental housing. For conversions, the submission of an offering plan
to the Attorney General's Office usually indicates that a project is on
the path to begin selling units and reconstituting as a homeownership
entity. However, there are instances of stalled conversion where,
despite a building having submitted an offering plan, no sale has
occurred and the units within the building remain rental housing. It was
never the intent of the GCE law to exclude rental housing under this
circumstance from GCE.  This bill seeks to clarify this by adding a
definition of when a co-op or condo conversion is consummated and
requires a submitted offering plan to be consummated in order for units
in a converted building to be exempt from GCE.

Exemption for Regulated Housing The GCE Law exempts housing units
covered by rent stabilization, public housing, and certain other units
that are otherwise under federal, state, or local regulations because
good cause eviction protections already apply to these types of housing
under other laws or regulations. This bill clarifies that the exemption
the GCE Law applies specifically to housing units in which the tenants
are protected from termination or non-renewal of lease without good
cause, not more broadly to those that only have affordability
restrictions but not good cause protections.

Certificate of Occupancy for New Building Exemption Practices on the
issuance of certificates of occupancy vary across the state. In some
areas, a certificate of occupancy is issued only once.  In other areas,
certificates of occupancy are regularly reissued. For example, in Alba-
ny, certificates of occupancy for buildings are issued every three
years. Since the issuance of a temporary or permanent certificate of
occupancy is used as a proxy to determine whether a building falls under
the GCE exemption for new buildings, it is necessary to clarify which
certificate of occupancy should be used to determine applicability of
the exemption. This bill identifies the certificate of occupancy issued
after a building is built as the one to be used for consideration for
the new building exemption.

Frequency of Rent Increases

This bill clarifies that the provisions regarding rent increases under
GCE are intended to apply to annual rent increases, not multiple rent
increases in a single year.

Notification Timeline

Under current GCE requirements, a landlord must provide notification of
a lease renewal informing tenants of a reasonable increase of rent
between 30 and 90 days of the expiration of the current lease.  However,
under the Housing Stability and Tenant Protection Act of 2019, for
tenants who have resided in a unit for more than two years, landlords
must provide renewal notices to tenants with 90 or more days of notice.
This makes it impossible for landlords to comply with both laws' notifi-
cation requirements, and if a landlord sends out two lease renewal
notifications to tenants in the effort to separately comply with both
laws, it may cause confusion for tenants who would receive two notices
about the same topic.

This bill increases the upper limit of the tenant notification timeline
under GCE from 90 to 100 days to allow for the compliance of both GCE
and the HSTPA with a single notice.

Notification Exemption

Currently, owners of regulated housing under Section 214 subdivisions 5
and 6 of the Real Property Law are required to send out notifications to
their tenants informing them that they are not covered under GCE. To
relieve the owners of these housing types from unnecessary administra-
tive burden, this bill exempts the tenant notification requirement for
exempt stabilized, public, and regulated housing as long as tenants are
provided with information about good cause and rent increase protections
in their leases.

Notification Form Language

The GCE law includes a notification form template for landlords to use.
This bill makes changes to the template to conform its language with the
corresponding changes that are proposed elsewhere in the law, and to
offer clarification on certain parts that have caused confusion on
compliance.

Reasons for the following conforming changes have already been discussed
above:

-- Clarify that the cooperative and condominium exemption applies to a
conversion that has been consummated.

-- Increase the GCE tenant notification time frame from 30-90 days to
30-100 days.

-- Exempt landlords of stabilized, public, and other regulated housing
from the tenant notification requirement as long as tenants are provided
with information about good cause and rent increase protections in their
leases.

The bill also makes the following clarification changes:

-- Instruction added to the start of paragraph 3 of the form directs
owners to fill out that section only when offering a rent increase.
This section of the notification asks landlords to indicate whether a
rent increase above the reasonableness threshold is being imposed.
However, a new tenant moving into a unit they have not previously
resided in would not be receiving a rent increase - they would be
offered an initial rent amount. It is thus reasonable to direct land-
lords offering initial rents to skip this section. The proposed change
also prevents inadvertently excluding tenants who currently live in a
housing unit and are receiving a lease for that unit for the first time.
For these tenants (who are not "a new tenant"), the landlord must still
fill out this section of the notification.

-- Subparagraph E of Paragraph 4 of subdivision 1 allows a landlord to
decline to renew a lease when rent is due and owing. This has created a
new holdover for nonpayment of rent. The new language allows landlords
to decline to offer a renewal lease where rent is due and owing and the
landlord has commenced a nonpayment case. Landlords are already permit-
ted to evict tenants due to nonpayment of rent. This would clarify that
while a non payment case is ongoing, landlords can decline to renew the
lease.

 
LEGISLATIVE HISTORY:

This is a new bill that amends the Good Cause Eviction Law, which was
passed in the Fiscal Year 2024-2025 enacted budget (S8306C/A8806C, Chap-
ter 56 of 2024, Part HH).

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: (a) the
amendments to sections 211, 214, 216 and 231-c of the real property law
made by sections one, two, three and five of this act shall not affect
the repeal of such sections and shall be deemed repealed therewith; (b)
the amendments to paragraph (a) of subdivision 1 of section 226-c of the
real property law made by section four of this act shall not affect the
expiration of such paragraph and shall expire and be deemed repealed
therewith; (c) the amendments to subdivision two of section 711 of the
real property actions and proceedings law made by section six of this
act shall not affect the expiration of such subdivision pursuant to
section 7 of part HH of chapter 56 of the laws of 2024, as amended, and
shall expire therewith; and (d) the amendments to subdivision 5-a of
section 741 of the real property actions and proceedings law made by
section seven of this act shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith.

2025-S8612 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8612
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 12, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the real property law and the real property actions  and
   proceedings law, in relation to enacting technical changes to the good
   cause eviction law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section 211 of the real property  law,  as
 added  by  section  1  of  part HH of chapter 56 of the laws of 2024, is
 amended and a new subdivision 9 is added to read as follows:
   7. The term "inflation index" shall mean five percent plus the  annual
 percentage  change  in  the consumer price index for all urban consumers
 for all items as published by the United States bureau of labor  statis-
 tics  for  the  region in which the housing accommodation is located, as
 established for the most recent preceding  calendar  year  as  shall  be
 published by the division of housing and community renewal no later than
 the first of [August] JUNE in any given year AND BECOME EFFECTIVE ON THE
 FIRST  OF  OCTOBER  OF THE SAME YEAR, provided further that for New York
 city and any village, town, or city that adopts the provisions  of  this
 article  by local law pursuant to subdivision one of section two hundred
 thirteen of this article in the counties of  Dutchess,  Nassau,  Orange,
 Putnam,  Rockland,  Suffolk,  and Westchester, such consumer price index
 shall be the New York-Newark-Jersey City, NY-NJ-PA consumer price index,
 and provided further that for any other  village,  town,  or  city  that
 adopts  the provisions of this article by local law pursuant to subdivi-
 sion one of section two hundred thirteen of this article, such  consumer
 price index shall be the Northeast Region consumer price index.
   9.  (A) THE TERM "CONSUMMATED" SHALL MEAN FOR COOPERATIVES: THE TRANS-
 FER OF TITLE TO THE APARTMENT CORPORATION AND THE ISSUANCE OF SHARES AND
 A PROPRIETARY LEASE TO AT LEAST ONE SUBSCRIBER UNDER THE PLAN  FOLLOWING
 A  DECLARATION  OF  EFFECTIVENESS  BY  THE SPONSOR AND ACCEPTANCE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00255-02-5

 S. 8612                             2
 
 AMENDMENT BY THE DEPARTMENT OF LAW  CONFIRMING  OR  DECLARING  THE  PLAN
 EFFECTIVE.
   (B)  THE  TERM  "CONSUMMATED"  SHALL MEAN FOR CONDOMINIUMS: FILING THE
 DECLARATION OF CONDOMINIUM AND THE FIRST TRANSFER OF TITLE TO  A  CONDO-
 MINIUM  UNIT TO AT LEAST ONE PURCHASER UNDER THE PLAN FOLLOWING A DECLA-
 RATION OF EFFECTIVENESS BY THE SPONSOR AND ACCEPTANCE OF  THE  AMENDMENT
 BY THE DEPARTMENT OF LAW CONFIRMING OR DECLARING THE PLAN EFFECTIVE.
   § 2. Subdivisions 5, 6, 7, 8 and 15 of section 214 of the real proper-
 ty  law,  as  added by section 1 of part HH of chapter 56 of the laws of
 2024, are amended to read as follows:
   5. unit on or within a housing accommodation where such unit is other-
 wise subject to regulation of rents  or  evictions  pursuant  to  local,
 state  or federal law, rule, or regulation TO THE EXTENT SUCH LAW, RULE,
 OR REGULATION REQUIRES GOOD CAUSE FOR TERMINATION OR NON-RENEWAL OF SUCH
 TENANCIES;
   6. unit on or within a housing accommodation where such unit  must  be
 affordable  to  tenants  at a specific income level pursuant to statute,
 regulation, restrictive declaration, or pursuant to a regulatory  agree-
 ment  with  a  local,  state, or federal government entity TO THE EXTENT
 SUCH STATUTE, REGULATION, RESTRICTIVE DECLARATION, OR REGULATORY  AGREE-
 MENT  REQUIRES  GOOD CAUSE FOR TERMINATION OR NON-RENEWAL OF SUCH TENAN-
 CIES;
   7. unit on or within a housing accommodation owned as a condominium or
 cooperative, or a unit on or within a housing accommodation  subject  to
 an  offering  plan submitted to the office of the attorney general WHERE
 SUCH PLAN HAS BEEN CONSUMMATED, provided that nothing herein shall abro-
 gate or otherwise limit any rights or obligations a tenant residing in a
 unit within a condominium or cooperative or a purchaser, owner, or offe-
 ror of a condominium or cooperative unit has pursuant to any other state
 law;
   8. housing accommodation for which a temporary  or  permanent  certif-
 icate  of  occupancy  was  issued  on or after the first of January, two
 thousand nine, for a period of time of thirty years  following  issuance
 of  such  certificate WHERE SUCH BUILDING WAS BUILT IMMEDIATELY PRIOR TO
 THE ISSUANCE OF SUCH CERTIFICATE;
   15. unit on or within a housing accommodation where the  monthly  rent
 is  greater than the percent of fair market rent established pursuant to
 paragraph (a) of subdivision two of section two hundred thirteen of this
 article in a local law of a village, town, or city, other than the  city
 of  New York, adopting the provisions of this article pursuant to subdi-
 vision one of section two hundred  thirteen  of  this  article,  or  two
 hundred  forty-five  percent of the fair market rent, provided that fair
 market rent shall refer to the figure published  by  the  United  States
 department of housing and urban development, for the county in which the
 housing  accommodation is located, as shall be published by the division
 of housing and community renewal no later than  the  first  of  [August]
 JUNE  in  any given year AND BECOME EFFECTIVE ON THE FIRST OF OCTOBER OF
 THE SAME YEAR. The division  of  housing  and  community  renewal  shall
 publish  the  fair market rent and two hundred forty-five percent of the
 fair market rent for each unit type for which such fair market  rent  is
 published  by the United States department of housing and urban develop-
 ment for each county  in  New  York  state  in  the  annual  publication
 required  pursuant to subdivision seven of section two hundred eleven of
 this article.
   § 3. Subparagraph (i) of paragraph (a), and paragraph (j) of  subdivi-
 sion 1 of section 216 of the real property law, as added by section 1 of
 S. 8612                             3
 
 part  HH  of  chapter  56  of  the  laws of 2024, are amended to read as
 follows:
   (i)  The tenant has failed to pay rent due and owing, provided however
 that the rent due and owing, or any part thereof, did not result from  a
 rent  increase  which  is unreasonable. RENT UNDER THIS SECTION SHALL BE
 INCREASED NO MORE THAN ONE TIME ANNUALLY. In determining whether all  or
 part  of  the  rent  due and owing is the result of an unreasonable rent
 increase, it shall be a rebuttable  presumption  that  the  rent  for  a
 dwelling  not  protected by rent regulation is unreasonable if said rent
 has been increased in any calendar year, after  the  effective  date  of
 this  article,  or  after  the  effective  date  of the local law in any
 village, town, or city that enacts such local law to apply this  article
 to  such  village,  town, or city pursuant to subdivision one of section
 two hundred thirteen of this article, by  an  amount  greater  than  the
 local rent standard, provided further that no rent increase less than or
 equal to the local rent standard shall be deemed unreasonable.
   (j)  The  tenant  fails  to  agree to reasonable changes to a lease at
 renewal, including increases  in  rent  that  are  not  unreasonable  as
 defined  in paragraph (a) of this subdivision, as long as written notice
 of the changes to the lease were provided to the tenant at least  thirty
 days,  but no more than [ninety] ONE HUNDRED days, prior to the [expira-
 tion] COMMENCEMENT of the [current] RENEWAL lease.
   § 4. Paragraph (a) of subdivision 1 of section 226-c of the real prop-
 erty law, as amended by section 2 of part HH of chapter 56 of  the  laws
 of 2024, is amended to read as follows:
   (a)  Whenever  a  landlord intends to offer to renew the tenancy of an
 occupant in a residential dwelling unit with a rent increase equal to or
 greater than five percent above the current rent, or the  landlord  does
 not  intend  to  renew  the  tenancy, the landlord shall provide written
 notice as required in subdivision two of this section. The notice  shall
 append  or  contain  the notice required pursuant to section two hundred
 thirty-one-c of this article, which shall state the  following:  (i)  if
 the  unit  is  or  is  not subject to article six-A of this chapter, the
 "good cause eviction law", and if the unit is exempt, such notice  shall
 state  why the unit is exempt from such law; (ii) if the landlord is not
 renewing the lease for a unit subject to article six-A of this  chapter,
 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  this  chapter  above  the  applicable local rent standard, as
 defined in subdivision eight of section two hundred eleven of this chap-
 ter, the justification for such  increase.  If  the  landlord  fails  to
 provide  timely  notice,  the  occupant's  lawful tenancy shall continue
 under the existing terms of the tenancy from the date on which the land-
 lord gave actual written notice until the  notice  period  has  expired,
 notwithstanding  any  provision of a lease or other tenancy agreement to
 the contrary. NOTWITHSTANDING THE FOREGOING  PROVISIONS  OF  THIS  PARA-
 GRAPH,  IF  A HOUSING ACCOMMODATION IS EXEMPT FROM ARTICLE SIX-A OF THIS
 CHAPTER UNDER SUBDIVISION FIVE OR SIX OF SECTION TWO HUNDRED FOURTEEN OF
 SUCH ARTICLE AND SUCH LANDLORD HAS PROVIDED THE TENANT  WITH  A  WRITTEN
 LEASE  AGREEMENT  INDICATING  THE  LAW, RULE OR REGULATION GOVERNING THE
 HOUSING ACCOMMODATION OR A LEASE WHICH STATES THAT RENTS  ARE  REGULATED
 AND THAT GOOD CAUSE IS REQUIRED FOR TERMINATION OR NON-RENEWAL OF TENAN-
 CIES, SUCH HOUSING ACCOMMODATION SHALL BE EXEMPT FROM THIS PARAGRAPH.
   § 5. Subparagraph F of paragraph 2, the opening paragraph of paragraph
 3  and  subparagraphs E and N of paragraph 4 of subdivision 1 of section
 231-c of the real property law, as added by section  3  of  part  HH  of
 S. 8612                             4
 
 chapter  56  of the laws of 2024, are amended and a new subdivision 2 is
 added to read as follows:
   F. Unit is on or within a housing accommodation owned as a condominium
 or  cooperative, or unit is on or within a housing accommodation subject
 to an offering plan submitted to the  office  of  the  attorney  general
 WHERE  SUCH  PLAN HAS BEEN CONSUMMATED (exemption under subdivision 7 of
 section 214 of the Real Property Law) ___;
   (THIS SECTION SHALL BE FILLED OUT IF THIS IS NOT AN INITIAL LEASE  FOR
 A  NEW TENANT.) IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROP-
 ERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND  THIS
 NOTICE  SERVES  TO  INFORM  A TENANT THAT THE LANDLORD IS INCREASING THE
 RENT ABOVE THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT  INCREASES,
 WHAT  IS  THE LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE
 THRESHOLD  FOR  PRESUMPTIVELY  UNREASONABLE  RENT  INCREASES?  (A   rent
 increase  is  presumptively  unreasonable if the increase from the prior
 rent is greater than the  lower  of:  (a)  5  percent  plus  the  annual
 percentage  change  in  the consumer price index for all urban consumers
 for all items as published by the United States Bureau of Labor  Statis-
 tics  for  the  region in which the housing accommodation is located, as
 published not later than August 1st of each  year  by  the  Division  of
 Housing and Community Renewal; or (b) 10 percent.) (PLEASE MARK AND FILL
 OUT THE APPLICABLE RESPONSE)
   E.  The  landlord  is  not  renewing  the lease because the tenant has
 failed to pay rent due and owing, THE LANDLORD HAS COMMENCED  A  NONPAY-
 MENT  CASE  AGAINST  THE  TENANT  WHICH  IS ONGOING, and the rent due or
 owing, or any part thereof, did not result from a rent increase which is
 unreasonable. A rent  increase  is  presumptively  unreasonable  if  the
 increase from the prior rent is greater than the lower of: (a) 5 percent
 plus  the  annual  percentage change in the consumer price index for all
 urban consumers for all items as published by the United  States  Bureau
 of Labor Statistics for the region in which the housing accommodation is
 located,  as  published  not  later  than August 1st of each year by the
 Division of Housing and Community Renewal; or (b) 10 percent (good cause
 for eviction under paragraph a of subdivision 1 of section  216  of  the
 Real Property Law): ___;
   N.  The  landlord  is  not  renewing  the lease because the tenant has
 failed to agree  to  reasonable  changes  at  lease  renewal,  including
 reasonable  increases  in  rent, and the landlord gave written notice of
 the changes to the lease to the tenant at least 30  days,  but  no  more
 than [90] 100 days, before the current lease expired. A rent increase is
 presumptively unreasonable if the increase from the prior rent is great-
 er than the lower of: (a) 5 percent plus the annual percentage change in
 the  consumer  price  index  for  all  urban  consumers for all items as
 published by the United States Bureau of Labor Statistics for the region
 in which the housing accommodation is located, as  published  by  August
 1st  of  each  year by the Division of Housing and Community Renewal; or
 (b) 10 percent (good cause for eviction under paragraph j of subdivision
 1 of section 216 of the Real Property Law):___.
   2. NOTWITHSTANDING SUBDIVISION ONE  OF  THIS  SECTION,  IF  A  HOUSING
 ACCOMMODATION  IS EXEMPT FROM ARTICLE SIX-A OF THIS CHAPTER UNDER SUBDI-
 VISION FIVE OR SIX OF SECTION TWO HUNDRED FOURTEEN OF SUCH  ARTICLE  AND
 SUCH  LANDLORD  HAS  PROVIDED  THE TENANT WITH A WRITTEN LEASE AGREEMENT
 INDICATING THE LAW, RULE OR REGULATION GOVERNING  THE  HOUSING  ACCOMMO-
 DATION  OR  A  LEASE WHICH STATES THAT RENTS ARE REGULATED AND THAT GOOD
 CAUSE IS REQUIRED FOR TERMINATION  OR  NON-RENEWAL  OF  TENANCIES,  SUCH
 HOUSING ACCOMMODATION SHALL BE EXEMPT FROM THIS SECTION.
 S. 8612                             5
 
   §  6.  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.  The fourteen-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 property  law  above  the
 applicable  local  rent  standard,  as  defined  in subdivision eight of
 section two hundred eleven of the real property law,  the  justification
 for  such  increase.    NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
 SUBDIVISION, IF A HOUSING ACCOMMODATION IS EXEMPT FROM ARTICLE SIX-A  OF
 THE  REAL  PROPERTY  LAW  UNDER  SUBDIVISION  FIVE OR SIX OF SECTION TWO
 HUNDRED FOURTEEN OF SUCH ARTICLE AND  SUCH  LANDLORD  HAS  PROVIDED  THE
 TENANT  WITH A WRITTEN LEASE AGREEMENT INDICATING THE LAW, RULE OR REGU-
 LATION GOVERNING THE HOUSING ACCOMMODATION OR A LEASE WHICH STATES  THAT
 RENTS  ARE  REGULATED AND THAT GOOD CAUSE IS REQUIRED FOR TERMINATION OR
 NON-RENEWAL OF TENANCIES, SUCH HOUSING  ACCOMMODATION  SHALL  BE  EXEMPT
 FROM  THIS SUBDIVISION. 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 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 prejudice  to  the  possessory
 claims  of  the occupants, and any warrant issued shall not be effective
 as against the occupants.
   § 7. Subdivision 5-a of section 741 of the real property  actions  and
 proceedings  law,  as added by section 5 of part HH of chapter 56 of the
 laws of 2024, is amended to read as follows:
   5-a. Append or incorporate 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  petition  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  property  law above the applicable local rent standard, as defined
 in subdivision eight of section two hundred eleven of the real  property
 law,  the justification for such increase. NOTWITHSTANDING THE FOREGOING
 PROVISIONS OF THIS SUBDIVISION, IF A  HOUSING  ACCOMMODATION  IS  EXEMPT
 FROM  ARTICLE  SIX-A  OF THE REAL PROPERTY LAW UNDER SUBDIVISION FIVE OR
 SIX OF SECTION TWO HUNDRED FOURTEEN OF SUCH ARTICLE  AND  SUCH  LANDLORD
 S. 8612                             6

 HAS  PROVIDED  THE  TENANT WITH A WRITTEN LEASE AGREEMENT INDICATING THE
 LAW, RULE OR REGULATION GOVERNING THE HOUSING ACCOMMODATION OR  A  LEASE
 WHICH  STATES  THAT  RENTS ARE REGULATED AND THAT GOOD CAUSE IS REQUIRED
 FOR  TERMINATION OR NON-RENEWAL OF TENANCIES, SUCH HOUSING ACCOMMODATION
 SHALL BE EXEMPT FROM THIS SUBDIVISION.
   § 8. This act shall take effect immediately; provided, however, that:
   (a) the amendments to sections 211, 214, 216 and  231-c  of  the  real
 property law made by sections one, two, three and five of this act shall
 not  affect  the  repeal  of  such sections and shall be deemed repealed
 therewith;
   (b) the amendments to paragraph (a) of subdivision 1 of section  226-c
 of  the  real  property  law  made by section four of this act shall not
 affect the expiration of such paragraph and shall expire and  be  deemed
 repealed therewith;
   (c) the amendments to subdivision two of section 711 of the real prop-
 erty  actions  and proceedings law made by section six of this act shall
 not affect the expiration of such subdivision pursuant to section  7  of
 part  HH of chapter 56 of the laws of 2024, as amended, and shall expire
 therewith; and
   (d) the amendments to subdivision 5-a of section 741 of the real prop-
 erty actions and proceedings law made by section seven of this act shall
 not affect the repeal of such subdivision and shall be  deemed  repealed
 therewith.

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Senate Bill S8612

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Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Rules Committee

Actions

2025-S8612 (ACTIVE) - Details

2025-S8612 (ACTIVE) - Summary

2025-S8612 (ACTIVE) - Sponsor Memo

2025-S8612 (ACTIVE) - Bill Text download pdf

Comments