Assemblymember Hunter Passes Historic Legislation Giving Rights Back to Tenants
Assemblymember Pamela J. Hunter (D-Syracuse) announced that she helped pass legislation to protect Syracuse tenants by combatting unfair landlord practices and preserving affordable housing (A.8281).
“Unfortunately, Syracuse families know all too well that landlords don’t always play fair and often put profits over the well-being of tenants,” Hunter said. “Our hardworking residents deserve stable housing where landlords can’t intimidate them or evict them without just cause. This legislation gives tenants across the state the peace of mind of permanent protections that ensure they’re not at the mercy of corrupt practices.”
The Housing Stability and Tenant Protection Act extends protections to tenants in Central New York, allowing any municipality with a rental vacancy rate of 5% or less to opt into the Emergency Tenant Protection Act of 1974 (ETPA) and the rent regulation system.
Additionally, statewide protections would:
- require landlords provide 30 days’ notice for a tenant of one year or less, 60 days’ notice for a tenant of one to two years and 90 days’ notice for a tenant of two or more years when refusing to renew a lease;
- require landlords make a good faith effort to re-rent a unit after a tenant breaks the lease to help mitigate damages;
- prevent landlords from using a database of court information to blacklist prospective tenants;
- limit the amount of a security deposit to an amount equal to one month’s rent and requires any deposit to be refundable; and
- limit background check fees to $20 and prohibit lease application fees.
The number of evictions occurring in Syracuse has been a major concern for Hunter. Each year, landlords bring about 7,000 tenants to court with about 5,500 cases ending in eviction, putting an average of 11,000 people out of their homes, sometimes with less than a week’s notice. This has led to 25% of Syracuse’s population moving every year, which is more than double the national average.[1]
To help ensure tenants aren’t wrongfully evicted, the bill prohibits retaliatory eviction against tenants in buildings with four units or more who make a good faith complaint alleging uninhabitable conditions. Landlords would have the burden of proof to show the eviction is not in retaliation, and tenants would receive a one-year rent renewal if they prevail. The measure would also give tenants 14 days to pay their rent before an action is brought, 10 days’ notice for a court hearing and, if a warrant is issued, 14 days to leave the unit. Judges would also have greater leeway to stay eviction proceedings in cases of hardship.
“No one should be forced out of their homes with less than a week to find a new place to live,” Hunter said. “This can have huge ramifications on people’s jobs, children’s schooling and families’ finances. My Assembly colleagues and I worked hard to ensure that tenants don’t have to worry about getting kicked out of their homes at a moment’s notice because of something out of their control, like a delayed paycheck.”
Hunter has made bolstering protections for tenants a focal point and has sponsored a number of bills to that end. Hunter’s legislation includes barring landlords from collecting rent without a certificate of occupancy to ensure dwellings are safe and habitable (A.1646); allowing tenants to deduct utility payments from rent when a landlord is delinquent in paying them (A.3190-A); and allowing individuals with disabilities to break their lease without penalty if they need to move into housing that better suits their needs (A.2118). Everyone has a right to quality affordable housing without unscrupulous landlords and unjust policies putting their safety at risk, Hunter noted.