Amd §§26-1301 & 26-1303, NYC Ad Cd; add §§703 & 770-a, RPAP L
Provides that any small property owner that owns twenty units or less shall be entitled to free legal services if such small property owner can prove a loss of at least twenty percent of rent payments in a calendar year; defines "small property owner" as any lessor in a residential real property transaction, and includes an owner of twenty units or less who lists residential real property for lease with an agent, whether or not a lease results, or who receives an offer to lease twenty units of residential real property or less.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1300
SPONSOR: Vanel TITLE OF BILL:
An act to amend the administrative code of the city of New York and the
real property actions and proceedings law, in relation to granting legal
services to small property owners
PURPOSE:
This bill will serve to ensure that counsel is provided to small proper-
ty owners who can prove losses of twenty percent or more in a calendar
year
SUMMARY OF PROVISIONS:
Section 1 adds an undesignated twelfth paragraph to section 26-1301
defining small property owner to cite such definition applies to land-
lords who own 20 units of rental property or less.
Section 2 adds subdivision e to section 26-1303 of the administrative
code of the city of New York to grant small property owners legal coun-
sel if they can prove a loss of at least twenty percent of rent payments
in a calendar year.
Section 3 adds section 703 to the real property actions and proceedings
law to cite the same definition as provided in section 1, statewide.
Section 4 adds section 770-a to grant legal counsel to small property
owners who can prove losses of twenty percent or more.
Section 5 provides the effective date of 90 days after the bills
passage.
JUSTIFICATION:
The housing crisis in New York is not limited to tenants and residents
of real property. Currently, far too many landlords across New York are
unable to pay mortgages due to failure to collect rents from tenants.
The result is small property owners facing foreclosure at rates higher
than cur housing stock can sustain.
This bill will ensure that those real property owners who have operated
independently for years are able to access much needed legal counsel to
resolve disputes related to all issues from rent non-payment that exist
under the sun. That includes property owners facing foreclosure, evict-
ing tenants who do not provide payment, and ensuring rent payments can
be collected by tenants to continue paying the mortgage.
LEGISLATIVE HISTORY:
05/08/23 referred to judiciary
01/03/24 referred to judiciary
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1300
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Judiciary
AN ACT to amend the administrative code of the city of New York and the
real property actions and proceedings law, in relation to granting
legal services to small property owners
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 26-1301 of the administrative code of the city of
2 New York, as added by local law number 136 for the year 2017, is amended
3 by adding a twelfth undesignated paragraph to read as follows:
4 "Small property owner" shall mean any lessor in a residential real
5 property transaction, and includes an owner of twenty units or less who
6 lists residential real property for lease with an agent, whether or not
7 a lease results, or who receives an offer to lease twenty units of resi-
8 dential real property or less in the city of New York.
9 § 2. Section 26-1303 of the administrative code of the city of New
10 York is amended by adding a new subdivision e to read as follows:
11 e. Any small property owner shall be entitled to free legal services
12 if such small property owner can prove a loss of at least twenty percent
13 of rent payments in a calendar year.
14 § 3. The real property actions and proceedings law is amended by
15 adding a new section 703 to read as follows:
16 § 703. Small property owner; legal services. Any small property owner
17 shall be entitled to free legal services if such small property owner
18 can prove a loss of at least twenty percent of rent payments in a calen-
19 dar year. For the purposes of this section, "small property owner"
20 shall mean any lessor in a residential real property transaction, and
21 includes an owner of twenty units or less who lists residential real
22 property for lease with an agent, whether or not a lease results, or who
23 receives an offer to lease twenty units of residential real property or
24 less.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00712-01-5
A. 1300 2
1 § 4. The real property actions and proceedings law is amended by
2 adding a new section 770-a to read as follows:
3 § 770-a. Small property owner; legal services. Any small property
4 owner shall be entitled to free legal services if such small property
5 owner can prove a loss of at least twenty percent of rent payments in a
6 calendar year. For the purposes of this section, "small property owner"
7 shall mean any lessor in a residential real property transaction, and
8 includes an owner of twenty units or less who lists residential real
9 property for lease with an agent, whether or not a lease results, or who
10 receives an offer to lease twenty units of residential real property or
11 less.
12 § 5. This act shall take effect on the ninetieth day after it shall
13 have become a law.
