New York A 1621: Requires a landlord to have clean hands to bring action for rent or eviction in certain cases

Bill Text

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A01621 Summary:

BILL NOA01621A

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SAME ASSAME AS S04098-A

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SPONSORRosenthal (MS)

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COSPNSRDinowitz, Taylor, Davila, Reyes, Valdez, Tapia, Gallagher, Shrestha, McDonald, Simon, Raga,
 Gonzalez-Rojas, Burdick, Levenberg, Bichotte Hermelyn, Moreno, Steck, Hooks, Shimsky, Lee, Carroll
 R, Chandler-Waterman, Cunningham, Dais

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MLTSPNSRColton, Glick

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Amd §§711, 741 & 752, RPAP L

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Relates to conditions precedent to the bringing of certain actions or proceedings.

Go to top A01621 Actions:

BILL NOA01621A

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01/10/2025referred to housing

01/07/2026referred to housing

03/26/2026amend and recommit to housing

03/26/2026print number 1621a

Go to topA01621 Committee&nbspVotes:

Go to topA01621 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01621 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1621--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, DINOWITZ, TAYLOR, DAVILA, REYES,
 VALDEZ, TAPIA, GALLAGHER, SHRESTHA, McDONALD, SIMON, RAGA,
 GONZALEZ-ROJAS, BURDICK, LEVENBERG, BICHOTTE HERMELYN, MORENO, STECK,
 HOOKS -- Multi-Sponsored by -- M. of A. COLTON, GLICK -- 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. Subdivisions 1 and 2 of section 711 of the real property
 2 actions and proceedings law, subdivision 1 as amended by chapter 305 of
 3 the laws of 1963 and subdivision 2 as amended by section 4 of part HH of
 4 chapter 56 of the laws of 2024, are amended to read as follows:
 5 1. (a) The tenant continues in possession of any portion of the prem-
 6 ises after the expiration of [his] such tenant's term, without the
 7 permission of the landlord or, in a case where a new lessee is entitled
 8 to possession, without the permission of the new lessee, providing that,
 9 in all proceedings that are not subject to paragraph (f) of this subdi-
 10 vision herein, at the time of commencement of the proceeding, there are
 11 no violations of record of any applicable state, city or local codes
 12 relating to housing maintenance, safety or housing standards pertaining
 13 to the subject premises or in the common areas of the subject building,
 14 nor any conditions that otherwise contravene section two hundred thir-
 15 ty-five-b of the real property law in the subject premises or in the
 16 common areas of the subject building, nor any tenant declaration of
 17 housing conditions declaring conditions that contravene section two
 18 hundred thirty-five-b of the real property law or that violate any

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04167-02-6

 A. 1621--A 2

 1 applicable state, city or local codes relating to housing maintenance,
 2 safety or housing standards, in the subject premises or in the common
 3 areas of the subject building or that are hazardous conditions in any
 4 building in the landlord's portfolio subject to paragraph (b) of this
 5 subdivision herein, nor any conditions that are hazardous violations of
 6 any applicable state, city or local codes relating to housing mainte-
 7 nance, safety or housing standards or hazardous violations in any build-
 8 ing in the landlord's portfolio. Acceptance of rent after commencement
 9 of the special proceeding upon this ground shall not terminate such
 10 proceeding nor effect any award of possession to the landlord or to the
 11 new lessee, as the case may be. A proceeding seeking to recover
 12 possession of real property by reason of the termination of the term
 13 fixed in the lease pursuant to a provision contained therein giving the
 14 landlord the right to terminate the time fixed for occupancy under such
 15 agreement if [he] the landlord deem the tenant objectionable, sha