New York Senate Bill S06769 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6769 2023-2024 Regular Sessions  IN SENATE May 9, 2023 ___________ Introduced by Sen. PARKER -- 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 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 20 or housing codes with respect to the subject apartment or the common 21 areas of the subject building or there is no lack of heat, running 22 water, light, electricity or of adequate sewage disposal facilities, or 23 an infestation by rodents, or any other condition dangerous to life, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06679-01-3 
 S. 6769 2 1 health or safety, which has existed for five days, or any combination of 2 such conditions in any apartments in the subject building, a landlord 3 may commence a proceeding under this subdivision by filing, with the 4 petition and notice of petition prescribed by section seven hundred 5 thirty-one of this article, an affidavit including facts establishing 6 that said violation or violations were recorded erroneously or that a 7 state, city or local agency, authority or department erroneously failed 8 to remove said violation or violations. A proceeding under this subdivi- 9 sion cannot be maintained if the court finds that the allegations in 10 said affidavit are untrue or if the court finds that at the time of 11 commencement of the proceeding there were violations of any applicable 12 state, city or local codes relating to housing maintenance or housing 13 standards or contraventions of section two hundred thirty-five-b of the 14 real property law, in the subject apartment or in the common areas of 15 the subject building, or extremely hazardous violations in any apart- 16 ments in the subject building. Any person succeeding to the landlord's 17 interest in the premises may proceed under this subdivision for rent due 18 his predecessor in interest if he has a right thereto. Where a tenant 19 dies during the term of the lease and rent due has not been paid and the 20 apartment is occupied by a person with a claim to possession, a proceed- 21 ing may be commenced naming the occupants of the apartment seeking a 22 possessory judgment only as against the estate. Entry of such a judgment 23 shall be without prejudice to the possessory claims of the occupants, 24 and any warrant issued shall not be effective as against the occupants. 25 § 2. Section 741 of the real property actions and proceedings law is 26 amended by adding a new subdivision 3-a to read as follows: 27 3-a. State that at the time of commencement of the proceeding there 28 are no violations of any applicable state, city or local codes relating 29 to housing maintenance or housing standards, and no conditions that 30 contravene section two hundred thirty-five-b of the real property law, 31 in the subject apartment or in the common areas of the subject building, 32 and no extremely hazardous violations in any apartments in the subject 33 building, or state that an affidavit has been filed as prescribed by 34 section seven hundred eleven of this article. 35 § 3. This act shall take effect immediately.