Permits a residential tenant to utilize a security deposit to pay rent during a state disaster emergency if such tenant has had a loss of income or loss of employment due to such state disaster emergency, provides a one year period to replenish such security deposit.
STATE OF NEW YORK
2021-2022 Regular Sessions
January 16, 2021
Introduced by Sens. JACKSON, RIVERA -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to permitting a
tenant to utilize a security deposit to pay rent during a state disas-
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7-108 of the general obligations law is amended by
2 adding a new subdivision 1-b to read as follows:
3 1-b. (a) Notwithstanding any provision of law to the contrary, during
4 a state disaster emergency as defined in section twenty of the executive
5 law, a residential tenant who has suffered a loss of income or loss of
6 employment as a result of such state disaster emergency may elect to
7 utilize any sum of money deposited as security for the full performance
8 by such residential tenant of the terms of the lease, in whole or in
9 part, to pay the monthly rent due pursuant to such lease.
10 (b) A residential tenant who makes an election pursuant to the
11 provisions of paragraph (a) of this subdivision shall replenish any such
12 money deposited as security used to pay rent within one year from the
13 last date such election was made.
14 (c) For the purposes of this subdivision, "residential tenant" shall
15 mean: a tenant as defined in paragraph (a) of subdivision one of section
16 two hundred thirty-five-f of the real property law; a person who other-
17 wise pays for the use and occupancy of a residential dwelling; or an
18 occupant, as defined in paragraph (b) of subdivision one of section two
19 hundred thirty-five-f of the real property law.
20 § 2. This act shall take effect immediately and shall apply to any
21 lease or rental agreement or renewal of a lease or rental agreement
22 entered into on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.