Requires a rebate of all rent paid to a landlord to be paid back to a tenant who was forced to vacate an illegal dwelling unit pursuant to an emergency vacate order or eviction.
STATE OF NEW YORK
________________________________________________________________________
7957
2025-2026 Regular Sessions
IN ASSEMBLY
April 16, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property law, in relation to providing remedies
for tenants of illegal dwelling units who were forced to vacate due to
an emergency vacate order or eviction
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 section
2 235-k to read as follows:
3 § 235-k. Remedies for tenants of illegal dwelling units. 1. For the
4 purposes of this section, the following terms shall have the following
5 meanings:
6 (a) "Illegal dwelling unit" means any unit:
7 (i) prohibited from lawful residential occupancy by a tenant pursuant
8 to any law, rule, regulation, ordinance, express or implied warranty, or
9 code;
10 (ii) for which the landlord had actual knowledge of the conditions
11 prohibiting lawful residential occupancy by a tenant under subparagraph
12 (i) of this paragraph before entering into a lease agreement with the
13 tenant; and
14 (iii) for which the tenant had no actual knowledge of the conditions
15 prohibiting lawful residential occupancy by a tenant under subparagraph
16 (i) of this paragraph before entering into a lease agreement with the
17 landlord.
18 (b) "Landlord" means the property owner, the managing agent, or any
19 person or entity collecting rent from a tenant on behalf of the property
20 owner.
21 2. Any tenant who is displaced due to an emergency vacate order issued
22 pursuant to section 28-207.4 of the administrative code of the city of
23 New York on or after the effective date of this section, based on a
24 finding that such tenant was occupying an illegal dwelling unit, shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11228-02-5
A. 7957 2
1 be entitled to a full rebate of all rent paid during the tenancy for
2 such illegal dwelling unit.
3 3. Any tenant who, on or after the effective date of this section, is
4 evicted from an illegal dwelling unit, whether by court order, adminis-
5 trative proceeding, or informal means, shall have a private right of
6 action against the landlord of such illegal dwelling unit to recover all
7 rent paid during the tenancy of such illegal dwelling unit.
8 4. The remedies under this section shall apply to any lawful subtenant
9 or occupant, regardless of whether such individual had a direct lease
10 with the landlord of the subject illegal dwelling unit. A landlord of an
11 illegal dwelling unit shall not avoid any liability under this section
12 on the basis that the occupant of such illegal dwelling unit was a
13 subtenant or licensee thereof, provided that rent was paid directly or
14 indirectly to such landlord.
15 § 2. This act shall take effect immediately.
