S07046 Summary:
| BILL NO | S07046 |
| SAME AS | SAME AS A09393 |
| SPONSOR | GRIFFO |
| COSPNSR | |
| MLTSPNSR | |
| Amd §§711 & 749, RPAP L | |
| Reduces the period of notice required to be given when a written demand for rent is served on a tenant after the tenant has defaulted in the payment of rent and the period of notice to be given serving a warrant issued pursuant to a final judgment of eviction from fourteen days to seven days. | |
S07046 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 7046 2025-2026 Regular Sessions IN SENATE March 31, 2025 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the real property actions and proceedings law, in relation to reducing the period of notice required to be given when a written demand for rent is served on a tenant after the tenant has defaulted in the payment of rent and the period of notice to be given serving a warrant issued pursuant to a final judgment of eviction from fourteen days to seven days The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 711 of the real property actions 2 and proceedings law, as amended by section 4 of part HH of chapter 56 of 3 the laws of 2024, is amended to read as follows: 4 2. The tenant has defaulted in the payment of rent, pursuant to the 5 agreement under which the premises are held, and a written demand of the 6 rent has been made with at least [fourteen] seven days' notice requir- 7 ing, in the alternative, the payment of the rent, or the possession of 8 the premises, has been served upon the tenant as prescribed in section 9 seven hundred thirty-five of this article. The [fourteen-day] seven-day 10 notice shall append or contain the notice required pursuant to section 11 two hundred thirty-one-c of the real property law, which shall state the 12 following: (i) if the premises are or are not subject to article six-A 13 of the real property law, the "good cause eviction law", and if the 14 premises are exempt, such notice shall state why the premises are exempt 15 from such law; (ii) if the landlord is not renewing the lease for a unit 16 subject to article six-A of the real property law, the lawful basis for 17 such non-renewal; and (iii) if the landlord is increasing the rent upon 18 an existing lease of a unit subject to article six-A of the real proper- 19 ty law above the applicable local rent standard, as defined in subdivi- 20 sion eight of section two hundred eleven of the real property law, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11412-01-5S. 7046 2 1 justification for such increase. Any person succeeding to the landlord's 2 interest in the premises may proceed under this subdivision for rent due 3 such person's predecessor in interest if such person has a right there- 4 to. Where a tenant dies during the term of the lease and rent due has 5 not been paid and the apartment is occupied by a person with a claim to 6 possession, a proceeding may be commenced naming the occupants of the 7 apartment seeking a possessory judgment only as against the estate. 8 Entry of such a judgment shall be without prejudice to the possessory 9 claims of the occupants, and any warrant issued shall not be effective 10 as against the occupants. 11 § 2. Subdivision 2 of section 711 of the real property actions and 12 proceedings law, as amended by section 12 of part M of chapter 36 of the 13 laws of 2019, is amended to read as follows: 14 2. The tenant has defaulted in the payment of rent, pursuant to the 15 agreement under which the premises are held, and a written demand of the 16 rent has been made with at least [fourteen] seven days' notice requir- 17 ing, in the alternative, the payment of the rent, or the possession of 18 the premises, has been served upon [him] the tenant as prescribed in 19 section seven hundred thirty-five of this article. Any person succeeding 20 to the landlord's interest in the premises may proceed under this subdi- 21 vision for rent due [his] such person's predecessor in interest if [he] 22 such person has a right thereto. Where a tenant dies during the term of 23 the lease and rent due has not been paid and the apartment is occupied 24 by a person with a claim to possession, a proceeding may be commenced 25 naming the occupants of the apartment seeking a possessory judgment only 26 as against the estate. Entry of such a judgment shall be without preju- 27 dice to the possessory claims of the occupants, and any warrant issued 28 shall not be effective as against the occupants. 29 § 3. Paragraph (a) of subdivision 2 of section 749 of the real proper- 30 ty actions and proceedings law, as amended by section 19 of part M of 31 chapter 36 of the laws of 2019, is amended to read as follows: 32 (a) The officer to whom the warrant is directed and delivered shall 33 give at least [fourteen] seven days' notice, in writing and in the 34 manner prescribed in this article for the service of a notice of peti- 35 tion, to the person or persons to be evicted or dispossessed and shall 36 execute the warrant on a business day between the hours of sunrise and 37 sunset. 38 § 4. This act shall take effect immediately and shall apply to actions 39 and proceedings commenced on or after such effective date; provided, 40 however, that section one of this act shall be subject to the expiration 41 and reversion of such subdivision pursuant to section 7 of part HH of 42 chapter 56 of the laws of 2024, as amended, when upon such date the 43 provisions of section two of this act shall take effect.