A10387 Summary:

BILL NOA10387
 
SAME ASSAME AS S08473
 
SPONSOREpstein
 
COSPNSRSeawright, Simon, Gottfried
 
MLTSPNSR
 
Amd 711 & 747, add 712, RPAP L
 
Provides that no default in the payment of rent due or judgment of possession shall be entered against a tenant who is a small business between March seventh, two thousand twenty and a date six months after the expiration of the state disaster emergency, as such term is defined in section twenty of the executive law, declared pursuant to executive order two hundred two of two thousand twenty, as amended.
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A10387 Actions:

BILL NOA10387
 
05/04/2020referred to judiciary
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A10387 Committee Votes:

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A10387 Floor Votes:

There are no votes for this bill in this legislative session.
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A10387 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10387
 
                   IN ASSEMBLY
 
                                       May 4, 2020
                                       ___________
 
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Judiciary
 
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation to default of payment of rent
 
          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 or her as prescribed in section  seven  hundred
     9  thirty-five  of  this  article.  Any person succeeding to the landlord's
    10  interest in the premises may proceed under this subdivision for rent due
    11  his or her predecessor in interest if he or she  has  a  right  thereto.
    12  Where  a  tenant  dies during the term of the lease and rent due has not
    13  been paid and the apartment is occupied by a  person  with  a  claim  to
    14  possession,  a  proceeding  may be commenced naming the occupants of the
    15  apartment seeking a possessory judgment  only  as  against  the  estate.
    16  Entry  of  such  a judgment shall be without prejudice to the possessory
    17  claims of the occupants, and any warrant issued shall not  be  effective
    18  as  against  the  occupants.  This  subdivision  shall not apply where a
    19  tenant that is a small business, as defined by section one hundred thir-
    20  ty-one of the economic development law, has defaulted in the payment  of
    21  rent  due  between  March  seventh,  two  thousand twenty and a date six
    22  months after the expiration of the state  disaster  emergency,  as  such
    23  term  is defined in section twenty of the executive law, declared pursu-
    24  ant to executive order two  hundred  two  of  two  thousand  twenty,  as
    25  amended.
    26    §  2.  Subdivision  2  of section 747 of the real property actions and
    27  proceedings law, as added by chapter 312 of the laws of 1962, is amended
    28  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16242-01-0

        A. 10387                            2
 
     1    2. The judgment shall not bar an action to recover the  possession  of
     2  real property. The judgment shall not bar an action, proceeding or coun-
     3  terclaim,  commenced  or  interposed  within  sixty days of entry of the
     4  judgment, for affirmative equitable relief which was not sought by coun-
     5  terclaim  in  the  proceeding because of the limited jurisdiction of the
     6  court. No judgment for possession shall be entered from rent owed  by  a
     7  tenant that is a small business, as defined by section one hundred thir-
     8  ty-one of the economic development law, between March seventh, two thou-
     9  sand  twenty  and  a  date  six months after the expiration of the state
    10  disaster emergency, as such term is defined in  section  twenty  of  the
    11  executive  law,  declared pursuant to executive order two hundred two of
    12  two thousand twenty, as amended.
    13    § 3. The real property actions  and  proceedings  law  is  amended  by
    14  adding a new section 712 to read as follows:
    15    §  712.  Grounds  where  landlord-tenant  relationship exists; special
    16  proceedings for rent due  from  small  businesses  during  the  COVID-19
    17  pandemic.   As used in this section, a "tenant" shall mean a tenant that
    18  is a small business, as defined by section one hundred thirty-one of the
    19  economic development law.  No tenant shall be removed from possession in
    20  a special proceeding maintained under this article upon the  grounds  of
    21  this  section.  A  special  proceeding for a judgment of rent due may be
    22  maintained where the tenant has defaulted in the payment of rent, pursu-
    23  ant to the agreement under which the premises are held, where such  rent
    24  was due between March seventh, two thousand twenty and a date six months
    25  after  the  expiration  of the state disaster emergency, as that term is
    26  defined in section twenty of the executive  law,  declared  pursuant  to
    27  executive  order two hundred two of two thousand twenty, as amended, and
    28  a written demand of the rent has been made with at least fourteen  days'
    29  notice  requiring  the  payment  of  the rent, served upon the tenant as
    30  prescribed in section seven hundred thirty-five  of  this  article.  Any
    31  person succeeding to the landlord's interest in the premises may proceed
    32  under  this  section for rent due his or her predecessor in interest for
    33  the time period specified above if he or she has a right thereto.
    34    § 4. This act shall take effect immediately.
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