Senate Bill S8857

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8857
 
                             I N  S E N A T E
 
                              January 9, 2026
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property  law,  in  relation  to  creating  the
   tenants' bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as  the  "tenants'
 bill of rights".
   § 2. The real property law is amended by adding a new section 230-a to
 read as follows:
   §  230-A. TENANTS' BILL OF RIGHTS. 1. ANY TENANT WHO OCCUPIES A RENTAL
 PROPERTY AS THEIR PRIMARY RESIDENCE SHALL HAVE THE FOLLOWING RIGHTS:
   (A) THE RIGHT TO  PREMISES  THAT  ARE  FIT  FOR  HUMAN  HABITATION  AS
 PROVIDED BY THE WARRANTY OF HABITABILITY PROVIDED BY SECTION TWO HUNDRED
 THIRTY-FIVE-B OF THIS ARTICLE;
   (B)  THE  RIGHT  TO  FORM,  JOIN  OR PARTICIPATE IN TENANTS' GROUPS AS
 PROVIDED IN SECTION TWO HUNDRED THIRTY OF THIS ARTICLE;
   (C) THE RIGHT TO BE FREE FROM  RETALIATION  BY  LANDLORD  AGAINST  THE
 TENANT  AS  PROVIDED IN SECTION TWO HUNDRED TWENTY-THREE-B OF THIS ARTI-
 CLE;
   (D) IN BUILDINGS WITH FOUR OR MORE RESIDENTIAL  UNITS,  THE  RIGHT  TO
 SUBLEASE  OR  ASSIGN  THE TENANT'S RIGHTS TO THE UNIT IN ACCORDANCE WITH
 THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-SIX-B OF THIS ARTICLE;
   (E) THE RIGHT TO NOTICE OF RENT INCREASE OR NON-RENEWAL OF  THE  RESI-
 DENTIAL  TENANCY AS PROVIDED IN SECTION TWO HUNDRED TWENTY-SIX-C OF THIS
 ARTICLE;
   (F) THE RIGHT TO TERMINATE THE LEASE IN ACCORDANCE WITH THE PROVISIONS
 OF SECTION TWO HUNDRED TWENTY-SEVEN-A, TWO HUNDRED TWENTY-SEVEN-B OR TWO
 HUNDRED TWENTY-SEVEN-C OF THIS ARTICLE;
   (G) THE RIGHT TO OFFSET PAYMENTS MADE TO A UTILITY COMPANY AGAINST THE
 RENT DUE AS PROVIDED IN SECTION TWO HUNDRED THIRTY-FIVE-A OF THIS  ARTI-
 CLE, APPLICABLE TO ANY RESIDENTIAL UNIT;
   (H) THE RIGHT TO RECEIVE A RECEIPT FOR THE PAYMENT OF RENT AS PROVIDED
 IN SECTION TWO HUNDRED THIRTY-FIVE-E OF THIS ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13051-03-5
 S. 8857                             2
 
   (I)  THE  RIGHT  NOT  TO  UTILIZE AN ELECTRONIC BILLING AND/OR PAYMENT
 SYSTEM AS THE ONLY METHOD FOR THE PAYMENT OF RENT AS PROVIDED IN SECTION
 TWO HUNDRED THIRTY-FIVE-G OF THIS ARTICLE; AND
   (J)  THE  RIGHTS  PERTAINING  TO SECURITY DEPOSITOR ADVANCE PAYMENT OF
 RENT AS PROVIDED IN SECTIONS 7-103, 7-105, 7-107  AND/OR  7-108  OF  THE
 GENERAL OBLIGATIONS LAW.
   2.  SUBJECT  TO  THE  PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
 EACH LANDLORD RENTING A RESIDENTIAL UNIT IN THIS STATE SHALL:
   (A) ATTACH A COPY OF THE TENANTS' BILL OF RIGHTS TO EACH WRITTEN LEASE
 AND PROVIDE THE SAME TO THE TENANT WITH THE EXECUTED LEASE;
   (B) PROVIDE A COPY OF THE TENANTS'  BILL  OF  RIGHTS  TO  EACH  TENANT
 ENTERING  INTO AN ORAL LEASE AT THE TIME THE TENANT AGREES TO THE LEASE;
 AND
   (C) FOR UNITS CONTAINING MORE THAN SIX RENTAL UNITS, AFFIX A NOTICE TO
 TENANTS OF THE RIGHTS DESCRIBED IN THIS SECTION TO THE FRONT ENTRANCE TO
 THE RENTAL PREMISES OR ELSEWHERE IN THE BUILDING IN A  LOCATION  READILY
 AVAILABLE TO THE TENANTS.
   3.  (A)  EXCEPT  AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE
 PROVISIONS OF THIS SECTION APPLY TO WRITTEN AND/OR ORAL LEASES FOR RESI-
 DENTIAL PROPERTY, INCLUDING LEASES  FOR  SUBSIDIZED,  RENT-REGULATED  OR
 RENT STABILIZED UNITS.
   (B)  THE  FOLLOWING  PROPERTIES ARE EXEMPT FROM THE PROVISIONS OF THIS
 SECTION:
   (I) UNITS IN OWNER-OCCUPIED BUILDINGS WITH SIX OR FEWER UNITS;
   (II) UNITS IN HOTELS, MOTELS, ROOMING HOUSES, UNLESS RENT IS PAID ON A
 MONTHLY BASIS AND SUCH UNIT IS OCCUPIED FOR MORE THAN THIRTY-TWO DAYS;
   (III) SCHOOL DORMITORY ROOMS;
   (IV) SHELTERS;
   (V) EMPLOYEES' QUARTERS;
   (VI) NON-RESIDENTIAL RENTAL PROPERTIES; AND
   (VII) OWNER-OCCUPIED COOPERATIVE APARTMENTS WHERE THE  TENANT  IS  THE
 UNIT  OWNER  OR  SHAREHOLDER OF A COOPERATIVE HOUSING CORPORATION, OR IS
 THE OWNER-OCCUPIED CONDOMINIUM APARTMENT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.