New York A 3803: Relates to aggravated harassment in the first degree

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A03803 Summary:

BILL NOA03803 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBurke

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COSPNSR

&nbsp

MLTSPNSR

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Add §238-b, RP L

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Requires a landlord to pay a fee to a tenant equivalent to one month's rent if they evict such tenant without cause.

Go to top A03803 Actions:

BILL NOA03803 

&nbsp

01/30/2025referred to housing

01/07/2026referred to housing

Go to topA03803 Committee&nbspVotes:

Go to topA03803 Floor&nbspVotes:

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

Go to topA03803 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3803

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. BURKE -- read once and referred to the Committee
 on Housing

 AN ACT to amend the real property law, in relation to requiring land-
 lords to pay a fee if they evict a tenant without good cause

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

 1 Section 1. The real property law is amended by adding a new section
 2 238-b to read as follows:
 3 § 238-b. No cause eviction fee. 1. Definitions. For the purposes of
 4 this section, the following terms shall have the following meanings:
 5 (a) "Landlord" shall mean any owner, lessor, sublessor, assignor, or
 6 other person receiving or entitled to receive rent for the occupancy of
 7 any housing accommodation, or an agent of any of the foregoing.
 8 (b) "Tenant" shall mean a tenant, subtenant, lessee, sublessee, assig-
 9 nee, manufactured home tenant, as defined in paragraph one of subdivi-
 10 sion a of section two hundred thirty-three of this article, an occupant
 11 of a rooming house or hotel, as defined in section seven hundred eleven
 12 of the real property actions and proceedings law, or any other person
 13 entitled to the possession, use, or occupancy of any housing accommo-
 14 dation.
 15 (c) "No cause eviction" shall mean eviction except for any of the
 16 following grounds:
 17 (i) The tenant has failed to pay rent due and owing; provided, howev-
 18 er, that the rent due and owing, or any part thereof, did not result
 19 from a rent increase which is unreasonable or imposed for the purpose of
 20 circumventing the intent of this section. In determining whether all or
 21 part of the rent due and owing is the result of an unreasonable rent
 22 increase, it shall be a rebuttable presumption that the rent for a
 23 dwelling not protected by rent regulation is unreasonable if said rent
 24 has been increased in any calendar year by a percentage exceeding either
 25 three percent, or one and one-half times the annual percentage change in
 26 the consumer price index for the region in which the housing accommo-
 27 dation is located, as established the August preceding the calendar year
 28 in question, whichever is greater;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08072-01-5

 A. 3803 2

 1 (ii) The tenant is violating a substantial obligation of their tenan-
 2 cy, other than the obligation to surrender possession, and has failed to
 3 cure such violation after written notice that the violation cease within
 4 ten days of receipt of such written notice; provided however, that the
 5 obligation of tenancy for which violation is claimed was not imposed for
 6 the purpose of circumventing the intent of this section;
 7 (iii) The tenant is committing or permitting a nuisance in such hous-
 8 ing accommodation, or is maliciously or by reason of negligence damaging
 9 the housing accommodation, or the tenant's conduct is such as to inter-
 10 fere with the comfort of the landlord or other tenants or occupants of
 11 the same or adjacent buildings or structures;
 12 (iv) Occupancy of the housing accommodation by the tenant is in
 13 violation of or causes a violation of law and the landlord is subject to
 14 civil or criminal penalties therefor; provided, however, that an agency
 15 of the state or municipality having jurisdiction has issued an order
 16 requiring the tenant to vacate the housing accommodation;
 17 (v) The tenant is using or permitting the housing accommodation to be
 18 used for an illegal purpose;
 19 (vi) The tenant has unreasonably refused the landlo