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A00490 Summary:

BILL NOA00490A
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSRGottfried, Dinowitz
 
MLTSPNSRColton, Glick, Perry
 
Amd §§711 & 741, RPAP L
 
Relates to conditions precedent to the bringing of certain actions or proceedings.
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A00490 Actions:

BILL NOA00490A
 
01/06/2021referred to housing
01/05/2022referred to housing
02/07/2022amend (t) and recommit to housing
02/07/2022print number 490a
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A00490 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         490--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by M. of A. L. ROSENTHAL, GOTTFRIED, DINOWITZ -- Multi-Spon-
          sored by -- M.  of A. COLTON, GLICK, PERRY -- read once  and  referred
          to the Committee on Housing -- recommitted to the Committee on Housing
          in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to conditions precedent to the bringing of certain actions or
          proceedings
 
          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 12 of part M of chapter 36 of
     3  the laws of 2019, 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 days' notice requiring, in the
     7  alternative, the payment of the rent, or the possession of the premises,
     8  has  been served upon him as prescribed in section seven hundred thirty-
     9  five of this article, and at the time of commencement of the  proceeding
    10  there  are  no  violations  of any applicable state, city or local codes
    11  relating to housing maintenance or housing standards, and no  conditions
    12  that  contravene  section two hundred thirty-five-b of the real property
    13  law, in the subject apartment or in the  common  areas  of  the  subject
    14  building,  and there is no lack of heat, running water, light, electric-
    15  ity or of adequate sewage disposal  facilities,  or  an  infestation  by
    16  rodents,  or  any  other  condition dangerous to life, health or safety,
    17  which has existed for five days, or any combination of  such  conditions
    18  in  any  apartments  in  the  subject building. If at the time of filing
    19  there exist violations of any applicable state, city or  local  building
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00538-05-2

        A. 490--A                           2
 
     1  or  housing  codes  with  respect to the subject apartment or the common
     2  areas of the subject building or there  is  no  lack  of  heat,  running
     3  water,  light, electricity or of adequate sewage disposal facilities, or
     4  an  infestation  by  rodents,  or any other condition dangerous to life,
     5  health or safety, which has existed for five days, or any combination of
     6  such conditions in any apartments in the subject  building,  a  landlord
     7  may  commence  a  proceeding  under this subdivision by filing, with the
     8  petition and notice of petition  prescribed  by  section  seven  hundred
     9  thirty-one  of  this  article, an affidavit including facts establishing
    10  that said violation or violations were recorded erroneously  or  that  a
    11  state,  city or local agency, authority or department erroneously failed
    12  to remove said violation or violations. A proceeding under this subdivi-
    13  sion cannot be maintained if the court finds  that  the  allegations  in
    14  said  affidavit  are  untrue  or  if the court finds that at the time of
    15  commencement of the proceeding there were violations of  any  applicable
    16  state,  city  or  local codes relating to housing maintenance or housing
    17  standards or contraventions of section two hundred thirty-five-b of  the
    18  real  property  law,  in the subject apartment or in the common areas of
    19  the subject building, or extremely hazardous violations  in  any  apart-
    20  ments  in the subject building.  Any person succeeding to the landlord's
    21  interest in the premises may proceed under this subdivision for rent due
    22  his predecessor in interest if he has a right thereto.  Where  a  tenant
    23  dies during the term of the lease and rent due has not been paid and the
    24  apartment is occupied by a person with a claim to possession, a proceed-
    25  ing  may  be  commenced  naming the occupants of the apartment seeking a
    26  possessory judgment only as against the estate. Entry of such a judgment
    27  shall be without prejudice to the possessory claims  of  the  occupants,
    28  and any warrant issued shall not be effective as against the occupants.
    29    §  2. Subdivisions 4 and 5 of section 741 of the real property actions
    30  and proceedings law, are renumbered subdivisions  5  and  6  and  a  new
    31  subdivision 4 is added to read as follows:
    32    4.  State that at the time of commencement of the proceeding there are
    33  no violations of any applicable state, city or local codes  relating  to
    34  housing maintenance or housing standards, and no conditions that contra-
    35  vene  section two hundred thirty-five-b of the real property law, in the
    36  subject apartment or in the common areas of the subject building, and no
    37  extremely hazardous violations in any apartments in the  subject  build-
    38  ing,  or state that an affidavit has been filed as prescribed by section
    39  seven hundred eleven of this article.
    40    § 3. This act shall take effect immediately.
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