Bill Text: NY A05573 | 2021-2022 | General Assembly | Introduced


Bill Title: Prohibits eviction without good cause.

Spectrum: Partisan Bill (Democrat 51-0)

Status: (Introduced) 2021-02-19 - referred to housing [A05573 Detail]

Download: New_York-2021-A05573-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5573

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced by M. of A. HUNTER, L. ROSENTHAL, REYES, BARNWELL, FERNANDEZ,
          NIOU,  BARRETT,  PRETLOW,  EPSTEIN,  RICHARDSON, DAVILA, CRUZ, TAYLOR,
          PICHARDO, GOTTFRIED, GLICK, McMAHON, FRONTUS, CARROLL, BICHOTTE HERME-
          LYN,  DINOWITZ,  BARRON,  PERRY,  BRONSON,  HEVESI,  SEAWRIGHT,   KIM,
          J. RIVERA,  JOYNER,  DE LA ROSA, FALL, WEPRIN, ROZIC, DARLING, WALKER,
          RAMOS, QUART, RODRIGUEZ, JACOBSON,  STECK,  COLTON,  O'DONNELL,  COOK,
          AUBRY  -- Multi-Sponsored by -- M. of A. NOLAN, SIMON -- read once and
          referred to the Committee on Housing

        AN ACT to amend the  real  property  law,  in  relation  to  prohibiting
          eviction without good cause

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The real property law is amended by adding  a  new  article
     2  6-A to read as follows:
     3                                 ARTICLE 6-A
     4                 PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
     5  Section 210. Short title.
     6          211. Definitions.
     7          212. Applicability.
     8          213. Necessity for good cause.
     9          214. Grounds for removal of tenants.
    10          215. Preservation of existing requirements of law.
    11          216. Waiver of rights void.
    12    § 210. Short title. This article shall be cited as the "Prohibition of
    13  eviction without good cause law".
    14    §  211.  Definitions.  1. The term "housing accommodation", as used in
    15  this article shall mean any residential  premises,  including  a  mobile
    16  home or land in a mobile home park.
    17    2.  The  term "landlord" as used in this article shall mean any owner,
    18  lessor, sublessor, assignor, or other person receiving  or  entitled  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02924-01-1

        A. 5573                             2

     1  receive  rent for the occupancy of any housing accommodation or an agent
     2  of any of the foregoing.
     3    3.  The  term  "tenant"  as  used in this article shall mean a tenant,
     4  sub-tenant, lessee, sublessee, assignee,  manufactured  home  tenant  as
     5  defined  in  paragraph one of subdivision a of section two hundred thir-
     6  ty-three of this chapter, an occupant of a rooming  house  or  hotel  as
     7  defined in section seven hundred eleven of the real property actions and
     8  proceedings  law  or any other person entitled to the possession, use or
     9  occupancy of any housing accommodation.
    10    4. The term "rent" as used in this article shall  mean  any  consider-
    11  ation, including any bonus, benefit or gratuity demanded or received for
    12  or in connection with the possession, use or occupancy of housing accom-
    13  modations  or  the  execution  or  transfer  of a lease for such housing
    14  accommodations.
    15    5. The term "disabled person" as used in this  article  shall  mean  a
    16  person  who  has an impairment which results from anatomical, physiolog-
    17  ical or psychological  conditions,  other  than  addiction  to  alcohol,
    18  gambling,  or  any  controlled  substance,  which  are  demonstrable  by
    19  medically acceptable clinical and laboratory diagnostic techniques,  and
    20  which  are expected to be permanent and which substantially limit one or
    21  more of such person's major life activities.
    22    § 212. Applicability. This article shall apply to all housing accommo-
    23  dations except:
    24    1. owner-occupied premises with less than four units;
    25    2. premises sublet pursuant to section  two  hundred  twenty-six-b  of
    26  this  chapter,  or otherwise, where the sublessor seeks in good faith to
    27  recover possession of such housing accommodation  for  his  or  her  own
    28  personal use and occupancy;
    29    3.  premises the possession, use or occupancy of which is solely inci-
    30  dent to employment and such employment is being lawfully terminated; and
    31    4. premises otherwise subject to  regulation  of  rents  or  evictions
    32  pursuant to state or federal law to the extent that such state or feder-
    33  al  law  requires  "good  cause"  for termination or non-renewal of such
    34  tenancies.
    35    § 213. Necessity for good cause. No landlord shall, by action to evict
    36  or to recover possession, by exclusion from possession,  by  failure  to
    37  renew  any  lease, or otherwise, remove any tenant from housing accommo-
    38  dations covered by section two hundred twelve of this article except for
    39  good cause as defined in section two hundred fourteen of this article.
    40    § 214. Grounds for removal of tenants. 1. No landlord shall  remove  a
    41  tenant from any housing accommodation, or attempt such removal or exclu-
    42  sion  from  possession,  notwithstanding  that the tenant has no written
    43  lease or that the lease or other rental agreement has expired or  other-
    44  wise  terminated, except upon order of a court of competent jurisdiction
    45  entered in an appropriate judicial action or  proceeding  in  which  the
    46  petitioner  or plaintiff has established one of the following grounds as
    47  good cause for removal or eviction:
    48    (a) The tenant has failed to pay rent due and owing, provided  however
    49  that  the rent due and owing, or any part thereof, did not result from a
    50  rent increase which is  unreasonable  or  imposed  for  the  purpose  of
    51  circumventing  the intent of this article. In determining whether all or
    52  part of the rent due and owing is the result  of  an  unreasonable  rent
    53  increase,  it  shall  be  a  rebuttable  presumption that the rent for a
    54  dwelling not protected by rent regulation is unreasonable if  said  rent
    55  has been increased in any calendar year by a percentage exceeding either
    56  three  percent or one and one-half times the annual percentage change in

        A. 5573                             3

     1  the Consumer Price Index for the region in which  the  housing  accommo-
     2  dation is located, as established the August preceding the calendar year
     3  in question, whichever is greater;
     4    (b)  The  tenant  is  violating a substantial obligation of his or her
     5  tenancy, other than the obligation  to  surrender  possession,  and  has
     6  failed  to  cure  such violation after written notice that the violation
     7  cease within ten days of receipt of such written notice, provided howev-
     8  er, that the obligation of tenancy for which violation  is  claimed  was
     9  not imposed for the purpose of circumventing the intent of this article;
    10    (c)  The tenant is committing or permitting a nuisance in such housing
    11  accommodation, or is maliciously or by reason of negligence damaging the
    12  housing accommodation; or the tenant's conduct is such as  to  interfere
    13  with  the  comfort  of the landlord or other tenants or occupants of the
    14  same or adjacent buildings or structures;
    15    (d) Occupancy of  the  housing  accommodation  by  the  tenant  is  in
    16  violation of or causes a violation of law and the landlord is subject to
    17  civil  or  criminal penalties therefore; provided however that an agency
    18  of the state or municipality having jurisdiction  has  issued  an  order
    19  requiring  the  tenant  to  vacate  the housing accommodation. No tenant
    20  shall be removed from possession of  a  housing  accommodation  on  such
    21  ground  unless  the  court  finds  that the cure of the violation of law
    22  requires the removal of the tenant and that the landlord did not through
    23  neglect or deliberate action or failure  to  act  create  the  condition
    24  necessitating the vacate order. In instances where the landlord does not
    25  undertake  to  cure conditions of the housing accommodation causing such
    26  violation of the law, the tenant shall have the right to pay  or  secure
    27  payment  in  a  manner satisfactory to the court, to cure such violation
    28  provided that any tenant expenditures shall be applied against  rent  to
    29  which  the  landlord is entitled. In instances where removal of a tenant
    30  is absolutely essential to his or her health and safety, the removal  of
    31  the tenant shall be without prejudice to any leasehold interest or other
    32  right  of occupancy the tenant may have and the tenant shall be entitled
    33  to resume possession at such time as the dangerous conditions have  been
    34  removed. Nothing herein shall abrogate or otherwise limit the right of a
    35  tenant  to  bring an action for monetary damages against the landlord to
    36  compel compliance by the landlord with all applicable state or municipal
    37  laws or housing codes;
    38    (e) The tenant is using or permitting the housing accommodation to  be
    39  used for an illegal purpose;
    40    (f)  The  tenant  has  unreasonably refused the landlord access to the
    41  housing accommodation for the purpose of  making  necessary  repairs  or
    42  improvements  required  by law or for the purpose of showing the housing
    43  accommodation to a prospective  purchaser,  mortgagee  or  other  person
    44  having a legitimate interest therein;
    45    (g)  The landlord seeks in good faith to recover possession of a hous-
    46  ing accommodation located in a building  containing  fewer  than  twelve
    47  units  because  of immediate and compelling necessity for his or her own
    48  personal use and occupancy as his or her  principal  residence,  or  the
    49  personal  use and occupancy as principal residence of his or her spouse,
    50  parent, child, stepchild, father-in-law or mother-in-law, when no  other
    51  suitable housing accommodation in such building is available. This para-
    52  graph  shall permit recovery of only one housing accommodation and shall
    53  not apply to a housing accommodation occupied by a tenant who is  sixty-
    54  two years of age or older or who is a disabled person;
    55    (h)  The  landlord seeks in good faith to recover possession of any or
    56  all housing accommodations located in a building  with  less  than  five

        A. 5573                             4

     1  units  to  personally  occupy  such housing accommodations as his or her
     2  principal residence.
     3    2. A tenant required to surrender a housing accommodation by virtue of
     4  the operation of paragraph (g) or (h) of subdivision one of this section
     5  shall  have a cause of action in any court of competent jurisdiction for
     6  damages, declaratory,  and  injunctive  relief  against  a  landlord  or
     7  purchaser  of  the premises who makes a fraudulent statement regarding a
     8  proposed use of the housing accommodation. In any action  or  proceeding
     9  brought pursuant to this provision a prevailing tenant shall be entitled
    10  to recovery of actual damages, and reasonable attorneys' fees.
    11    3.  Nothing in this section shall abrogate or limit the tenant's right
    12  pursuant to section seven hundred fifty-one of the real property actions
    13  and proceedings law to permanently stay the issuance or execution  of  a
    14  warrant  or eviction in a summary proceeding, whether characterized as a
    15  nonpayment, objectionable tenancy, or holdover proceeding, the  underly-
    16  ing  basis  of  which  is  the nonpayment of rent, so long as the tenant
    17  complies with the  procedural  requirements  of  section  seven  hundred
    18  fifty-one of the real property actions and proceedings law.
    19    §  215.  Preservation of existing requirements of law. No action shall
    20  be maintainable and no judgment of possession shall be entered for hous-
    21  ing accommodations pursuant to section  two  hundred  fourteen  of  this
    22  article,  unless  the  landlord has complied with any and all applicable
    23  laws governing such action or proceeding and has complied with  any  and
    24  all applicable laws governing notice to tenants, including without limi-
    25  tation  the  manner  and  the  time  of  service  of such notice and the
    26  contents of such notice.
    27    § 216. Waiver of rights void. Any agreement by a tenant heretofore  or
    28  hereinafter  entered  into  in a written lease or other rental agreement
    29  waiving or modifying his or her rights as  set  forth  in  this  article
    30  shall be void as contrary to public policy.
    31    § 2. Severability. If any provision of this act, or any application of
    32  any  provision of this act, is held to be invalid, that shall not affect
    33  the validity or effectiveness of any other provision of this act, or  of
    34  any  other  application of any provision of this act, which can be given
    35  effect without that provision or  application;  and  to  that  end,  the
    36  provisions and applications of this act are severable.
    37    § 3. This act shall take effect immediately and shall apply to actions
    38  and proceedings commenced on or after such effective date.
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