Bill Text: NY A08111 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "protection against unfair section 8 evictions (P.A.U.S.E.) act"; provides that in any case of public assistance where the municipality or section 8 refuses to pay the required portion of rent under any state, local or federal subsidy program due to building code violations or violations of the warranty of habitability pursuant to section two hundred thirty-five-b of the real property law, the tenant or lawful occupant of a dwelling shall not be required to pay his or her share under any state, local or federal subsidy program and shall not be subject to eviction summary proceedings for non-payment of rent or supplemental rent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A08111 Detail]

Download: New_York-2023-A08111-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8111

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by  M.  of A. DE LOS SANTOS -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the real property actions and proceedings  law  and  the
          real property law, in relation to unlawful eviction

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

     1    Section 1. Section 768 of the real property  actions  and  proceedings
     2  law is amended by adding a new subdivision 3 to read as follows:
     3    3.  In any case of public assistance where the municipality or section
     4  8 refuses to pay the required portion of rent under any state, local  or
     5  federal subsidy program due to building code violations or violations of
     6  the  warranty  of  habitability  pursuant to section two hundred thirty-
     7  five-b of the real property law, the tenant  or  lawful  occupant  of  a
     8  dwelling  shall not be required to pay his or her share under any state,
     9  local or federal subsidy program and shall not be  subject  to  eviction
    10  summary proceedings for non-payment of rent or supplemental rent.
    11    §  2.  Section 770 of the real property actions and proceedings law is
    12  amended by adding a new subdivision 3 to read as follows:
    13    3. In any case of public assistance where the municipality or  section
    14  8  refuses to pay the required portion of rent under any state, local or
    15  federal subsidy program due to building code violations or violations of
    16  the warranty of habitability pursuant to  section  two  hundred  thirty-
    17  five-b  of  the real property law or pursuant to subdivision one of this
    18  section, the tenants or lawful occupants of  a  dwelling  shall  not  be
    19  required to pay his or her share under a state, local or federal subsidy
    20  program  and  shall  not  be subject to eviction summary proceedings for
    21  non-payment of rent or supplemental rent.
    22    § 3. Section 235-b of the real property law is amended by adding a new
    23  subdivision 4 to read as follows:
    24    4. In any case of public assistance where the municipality or  section
    25  8  refuses to pay the required portion of rent under any state, local or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13031-01-3
        A. 8111                             2

     1  federal subsidy program due to building code violations or violations of
     2  the warranty of habitability pursuant to this section,  the  tenants  or
     3  lawful  occupants  of a dwelling shall not be required to pay his or her
     4  share under any state, local or federal subsidy program and shall not be
     5  subject  to  eviction  summary  proceedings  for  non-payment of rent or
     6  supplemental rent.
     7    § 4. This act shall take effect immediately.