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S09332 Summary:

BILL NOS09332
 
SAME ASNo Same As
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Add Art 6-B §§219-a - 219-e, RP L; amd §4, add §85, Mult Dwell L; amd §63, Exec L
 
Enacts the "anti-slumlord act" which prohibits the acquisition of residential property by property owners with outstanding immediate hazardous violations; defines terms; establishes and requires a compliance certification form; sets forth recording requirements; provides for enforcement of provisions by the attorney general.
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S09332 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9332
 
                    IN SENATE
 
                                      March 2, 2026
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- 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 law, the multiple dwelling law and the
          executive law, in relation to enacting the "anti-slumlord act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "anti-slum-
     2  lord act".
     3    §  2.  Legislative  findings  and  intent.  The legislature intends to
     4  incentivize property owners  to  promptly  correct  immediate  hazardous
     5  housing   violations  and  to  prevent  irresponsible  landlords,  often
     6  referred to as slumlords, from expanding their portfolios  if  they  are
     7  unwilling  or  incapable of providing safe and healthy living conditions
     8  for their tenants.
     9    § 3. The real property law is amended by adding a new article  6-B  to
    10  read as follows:
    11                                 ARTICLE 6-B
    12    PROHIBITION ON ACQUISITION OF RESIDENTIAL PROPERTY BY PROPERTY OWNERS
    13               WITH OUTSTANDING IMMEDIATE HAZARDOUS VIOLATIONS
    14  Section 219-a. Definitions.
    15          219-b. Prohibition on acquisition of residential property.
    16          219-c. Compliance certification required.
    17          219-d. Recording requirements.
    18          219-e. Enforcement.
    19    §  219-a.  Definitions.  For  purposes  of this article, the following
    20  terms shall have the following meanings:
    21    1. "Residential property" shall mean any building, home, or  structure
    22  intended  to  be used for residential dwelling, and shall include one to
    23  two family homes, multiple dwellings, and any  mixed-use  building  that
    24  has residential units.
    25    2.  "Property  owner"  shall  mean any individual, partnership, trust,
    26  limited liability corporation, or legal entity that holds the title to a
    27  residential property.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14738-02-6

        S. 9332                             2
 
     1    3. "Immediate hazardous violation"  shall  mean  any  violation  of  a
     2  municipal  or statewide housing, building, health, or fire safety agency
     3  code that is deemed by such agency to pose an immediate  threat  to  the
     4  life,  health  or  safety  of  occupants, including, but not limited to,
     5  class  C violations as issued by the New York city department of housing
     6  preservation and development.
     7    4. "Housing enforcement agency" shall mean any countywide,  municipal,
     8  or  statewide  agency with the authority to inspect residential property
     9  and issue violations based  on  housing,  building,  health,  or  safety
    10  codes.   Such term shall include, but not be limited to, the division of
    11  housing and community renewal, the department of health, and  any  other
    12  departments and agencies that enforce housing codes.
    13    5. "Outstanding immediate hazardous violation" shall mean an immediate
    14  hazardous violation that has not been dismissed by a housing enforcement
    15  agency or certified by a property owner.
    16    §  219-b.  Prohibition  on  acquisition of residential property. 1. No
    17  residential property owner shall acquire directly, or through any  indi-
    18  rect  means,  residential  property within the state of New York if such
    19  owner has any outstanding immediate hazardous  violations  at  presently
    20  owned residential properties issued by a housing enforcement agency.
    21    2.  Such  prohibition  on  the acquisition of residential property set
    22  forth in subdivision one of  this  section  shall  apply  to  purchases,
    23  transfers,  conveyances  of  deed,  transfers of controlling interest to
    24  entities and persons who own property, and any type of transaction  that
    25  results  in  a property owner obtaining legal or beneficial ownership of
    26  or in residential property.
    27    3. Such prohibition on the acquisition  of  residential  property  set
    28  forth  in  subdivision one of this section shall remain active until all
    29  outstanding immediate  hazardous  violations  have  been  corrected  and
    30  certified  as  corrected  by the housing enforcement agency which issued
    31  the violation. Such prohibition shall be removed once any and all previ-
    32  ously defined violations have been corrected and certified.
    33    § 219-c. Compliance certification required. 1. Prior to the  recording
    34  of  any  deed  or  other instrument conveying an interest in residential
    35  property subject to this article, the prospective grantee or  transferee
    36  shall  submit a compliance certification form, executed under penalty of
    37  perjury, affirming that such grantee or transferee  does  not  have  any
    38  outstanding  immediate  hazardous  violations  attached  to any property
    39  owned by such grantee or transferee.
    40    2. Any deed or conveyance subject to this  article  that  is  recorded
    41  without  the  compliance certification required by this section shall be
    42  voidable and deemed invalid.
    43    3. The division of housing and community renewal shall  establish  the
    44  form  and  manner  of the compliance certification form required by this
    45  section and shall  make  such  compliance  certification  form  publicly
    46  accessible in paper and electronic form.
    47    4.  Housing  enforcement  agencies shall make available information on
    48  any outstanding immediate hazardous  violations  issued  to  residential
    49  property owners, including the classifications of such violations.
    50    §   219-d.   Recording  requirements.  1.  Notwithstanding  any  other
    51  provision of law to the contrary,  the  secretary  of  state,  a  county
    52  clerk,  city  register,  or other recording officer shall not accept for
    53  recording any deed or conveyance subject to this article unless accompa-
    54  nied by a compliance certification  required  pursuant  to  section  two
    55  hundred nineteen-c of this article.

        S. 9332                             3
 
     1    2.  No  county  clerk, city register, or other recording officer shall
     2  incur civil or criminal liability for refusing to  record  any  deed  or
     3  conveyance in accordance with this section.
     4    §  219-e. Enforcement. 1. The attorney general is hereby authorized to
     5  commence an action or proceeding to void or invalidate any conveyance of
     6  residential property made in violation of this article.
     7    2. Any property owner who knowingly violates the  provisions  of  this
     8  article  shall  be subject to a civil penalty of not less than ten thou-
     9  sand dollars for each violation. Civil penalties collected  pursuant  to
    10  this section shall be paid to the housing enforcement agency that issued
    11  the  outstanding  immediate hazardous violation, and such funds shall be
    12  used exclusively by such housing enforcement agency to conduct emergency
    13  repairs on the property which incurred the violation.
    14    3. Any attempt by a residential property owner to evade the provisions
    15  of this article by conveying or transferring property through a  related
    16  entity  or  persons,  shell  company  or other straw purchasers shall be
    17  deemed a violation of this article.
    18    § 4. Section 4 of the multiple dwelling law is amended by adding a new
    19  subdivision 45 to read as follows:
    20    45. An "immediate hazardous violation" is any violation of a municipal
    21  or statewide housing, building, health, or fire safety agency code  that
    22  is deemed by such agency to pose an immediate threat to the life, health
    23  or  safety  of  occupants,  including,  but  not  limited  to,  class  C
    24  violations as issued by the New York city department of housing  preser-
    25  vation and development.
    26    §  5.  The multiple dwelling law is amended by adding a new section 85
    27  to read as follows:
    28    § 85.  Classifications  identifying  immediate  hazardous  violations;
    29  municipalities.  Municipalities  shall  be  authorized and encouraged to
    30  adopt classifications identifying immediate hazardous violations.  Where
    31  a municipality has  adopted  such  classifications  authorized  by  this
    32  section,  any  transfer  or  conveyance of residential property shall be
    33  subject to the provisions of article six-B of the real property law.
    34    § 6. Section 63 of the executive law is amended by adding a new subdi-
    35  vision 19 to read as follows:
    36    19. Have the authority to enforce article six-B of the  real  property
    37  law,  including the power to commence an action or proceeding to void or
    38  invalidate any conveyance of residential property made in  violation  of
    39  such article.
    40    §  7. This act shall take effect one year after it shall have become a
    41  law. Effective immediately, the addition, amendment and/or repeal of any
    42  rule or regulation necessary for the implementation of this act  on  its
    43  effective date are authorized to be made and completed on or before such
    44  effective date.
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