New York S 1453: Relates to rent impairing violations and eviction proceedings

Bill Text

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S01453 Summary:

BILL NOS01453 

&nbsp

SAME ASSAME AS A03957

&nbsp

SPONSORKAVANAGH

&nbsp

COSPNSRCLEARE

&nbsp

MLTSPNSR

&nbsp

Amd §302-a, Mult Dwell L; amd §§713 & 732, RPAP L

&nbsp

Relates to rent impairing violations and eviction proceedings.

Go to top S01453 Actions:

BILL NOS01453 

&nbsp

01/10/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS01453 Committee&nbspVotes:

Go to topS01453 Floor&nbspVotes:

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

Go to topS01453 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1453

 2025-2026 Regular Sessions

 IN SENATE

 January 10, 2025
 ___________

 Introduced by Sens. KAVANAGH, CLEARE -- 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 multiple dwelling law, in relation to rent impairing
 violations; and to amend the real property actions and proceedings
 law, in relation to eviction proceedings

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 302-a of the multiple dwelling
 2 law, as added by chapter 911 of the laws of 1965, is amended to read as
 3 follows:
 4 3. a. If (i) the official records of the department shall note that a
 5 rent impairing violation exists or existed in respect to a multiple
 6 dwelling and that notice of such violation has been given by the depart-
 7 ment, by mail, to the owner last registered with the department and (ii)
 8 such note of the violation [is] was not cancelled or removed of record
 9 within [six] three months after the date of such notice of such
 10 violation, then for the period that such violation remains uncorrected
 11 after the expiration of said [six] three months, no rent shall be recov-
 12 ered by any owner for any premises in such multiple dwelling used by a
 13 resident thereof for human habitation in which the condition constitut-
 14 ing such rent impairing violation exists, provided, however, that if the
 15 violation is one that requires approval of plans by the department for
 16 the corrective work and if plans for such corrective work shall have
 17 been duly filed within [three months] one month from the date of notice
 18 of such violation by the department to the owner last registered with
 19 the department, the [six-months] three month period aforementioned shall
 20 not begin to run until the date that plans for the corrective work are
 21 approved by the department; if plans are not filed within said [three-
 22 months] one month period or if so filed, they are disapproved and amend-
 23 ments are not duly filed within thirty days after the date of notifica-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04185-01-5

 S. 1453 2

 1 tion of the disapproval by the department to the person having filed the
 2 plans, the [six-months] three month period shall be computed as if no
 3 plans whatever had been filed under this proviso. If a condition consti-
 4 tuting a rent impairing violation exists in the part of a multiple
 5 dwelling used in common by the residents or in the part under the
 6 control of the owner thereof, the violation shall be deemed to exist in
 7 the respective premises of each resident of the multiple dwelling.
 8 b. The provisions of subparagraph a shall not apply if (i) the condi-
 9 tion referred to in the department's notice to the owner last registered
 10 with the department did not in fact exist, notwithstanding the notation
 11 thereof in the records of the department; (ii) the condition which is
 12 the subject of the violation has in fact been corrected within the three
 13 month period required by subparagraph a of this subdivision, though the
 14 note thereof in the department has not been removed or cancelled; (iii)
 15 the violation has been caused by the resident from whom rent is sought
 16 to be collected or by members of [his] such resident's family or by
 17 [his] such resident's guests or by another resident of the multiple
 18 dwelling or the members of the family of