Bill Text: NY A07114 | 2021-2022 | General Assembly | Introduced


Bill Title: Permits a residential tenant to utilize a security deposit to pay rent during a state disaster emergency if such tenant has had a loss of income or loss of employment due to such state disaster emergency, provides a one year period to replenish such security deposit.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2021-04-22 - referred to judiciary [A07114 Detail]

Download: New_York-2021-A07114-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7114

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 22, 2021
                                       ___________

        Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the general obligations law, in relation to permitting a
          tenant to utilize a security deposit to pay rent during a state disas-
          ter emergency

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

     1    Section  1. Section 7-108 of the general obligations law is amended by
     2  adding a new subdivision 1-b to read as follows:
     3    1-b. (a) Notwithstanding any provision of law to the contrary,  during
     4  a state disaster emergency as defined in section twenty of the executive
     5  law,  a  residential tenant who has suffered a loss of income or loss of
     6  employment as a result of such state disaster  emergency  may  elect  to
     7  utilize  any sum of money deposited as security for the full performance
     8  by such residential tenant of the terms of the lease,  in  whole  or  in
     9  part, to pay the monthly rent due pursuant to such lease.
    10    (b)  A  residential  tenant  who  makes  an  election  pursuant to the
    11  provisions of paragraph (a) of this subdivision shall replenish any such
    12  money deposited as security used to pay rent within one  year  from  the
    13  last date such election was made.
    14    (c)  For  the purposes of this subdivision, "residential tenant" shall
    15  mean: a tenant as defined in paragraph (a) of subdivision one of section
    16  two hundred thirty-five-f of the real property law; a person who  other-
    17  wise  pays  for  the  use and occupancy of a residential dwelling; or an
    18  occupant, as defined in paragraph (b) of subdivision one of section  two
    19  hundred thirty-five-f of the real property law.
    20    §  2.  This  act  shall take effect immediately and shall apply to any
    21  lease or rental agreement or renewal of  a  lease  or  rental  agreement
    22  entered into on or after such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02328-01-1
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