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.
STATE OF NEW YORK
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8111--A
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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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. Short title. This act shall be known and may be cited as
2 the "protection against unfair section 8 evictions (P.A.U.S.E.) act".
3 § 2. Section 768 of the real property actions and proceedings law is
4 amended by adding a new subdivision 3 to read as follows:
5 3. In any case of public assistance where the municipality or section
6 8 refuses to pay the required portion of rent under any state, local or
7 federal subsidy program due to building code violations or violations of
8 the warranty of habitability pursuant to section two hundred thirty-
9 five-b of the real property law, the tenant or lawful occupant of a
10 dwelling shall not be required to pay his or her share under any state,
11 local or federal subsidy program and shall not be subject to eviction
12 summary proceedings for non-payment of rent or supplemental rent.
13 § 3. Section 770 of the real property actions and proceedings law is
14 amended by adding a new subdivision 3 to read as follows:
15 3. In any case of public assistance where the municipality or section
16 8 refuses to pay the required portion of rent under any state, local or
17 federal subsidy program due to building code violations or violations of
18 the warranty of habitability pursuant to section two hundred thirty-
19 five-b of the real property law or pursuant to subdivision one of this
20 section, the tenants or lawful occupants of a dwelling shall not be
21 required to pay his or her share under a state, local or federal subsidy
22 program and shall not be subject to eviction summary proceedings for
23 non-payment of rent or supplemental rent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13031-03-3
A. 8111--A 2
1 § 4. Section 235-b of the real property law is amended by adding a new
2 subdivision 4 to read as follows:
3 4. 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 this section, the tenants or
7 lawful occupants of a dwelling shall not be required to pay his or her
8 share under any state, local or federal subsidy program and shall not be
9 subject to eviction summary proceedings for non-payment of rent or
10 supplemental rent.
11 § 5. This act shall take effect immediately.
