BILL NUMBER: S1403A
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law and the
real property law, in relation to prohibiting residential evictions
during the winter months
 
PURPOSE:
This bill amends the Real Property Actions and Proceedings Law to allow
a moratorium to stay court eviction judgments to allow individuals to
remain housed during harsh inclement winter weather months.
 
SUMMARY OF PROVISIONS:
Section 1 provides the title of the bill.
Section 2 provides legislative findings and the declaration of emergen-
cy.
Section 3 amends subdivision of section 711 of the real property actions
and proceedings law, as amended by section 12 of part M of chapter 36 of
the laws 2019 which outlines the procedural process of the right of any
person with a possessory interest in a premise where the tenant has
defaulted on rent payments as against the landlord.
Section 4 amends section 741 of the real property actions and
proceedings law by adding a new subdivision which states that a warrant
of eviction may only be executed between April sixteenth and October
thirty-first of any calendar year.
Section 5 amend section 747 of the real property actions and proceedings
law by adding two new subdivisions 5 and 6 which provides that any case
of nonpayment of rent where a judgment has been entered, the party to
receive payment may move to show cause to vacate the judgment within 30
days of receiving payment satisfying the judgment. Failure to follow
these procedures will prohibit a party from commencing a subsequent
proceeding for nonpayment of rent against any person covered by such
judgment until the judgment is vacated.
Section 6 amends subdivision 1 of section 749 of the real property
actions and proceedings law, as amended by section 19 of part M of chap-
ter 26 of the law of 2019 which allows for the earliest date that the
court can execute a warrant directed to the sheriff of the country or to
any constable or marshal of the city or any town in the county, will
fall between April sixteenth and October thirty first of any given
calendar year.
Section 7 amends the real property actions and proceedings law by adding
a new section 753-a which makes the winter moratorium begin at 12:00 AM
on November first of a calendar year and end at 11:59 PM on April
fifteenth of the subsequent calendar year as applied to premises occu-
pied for dwelling purposes. During this time, the court will not issue a
warrant for recovery or the premises, all pending unexecuted judgments
will be automatically stayed, and any person maintaining a proceeding
must continue to follow the same legal rights and obligations with
respect to the tenant held prior to issuance of the judgment and
warrant. During this time, all money tendered to a person maintaining a
proceeding will be presumed to apply to the earliest period for which
rent for use and occupancy is owed pursuant to the judgment unless noted
for a specified purpose.
Section 8 amends paragraph (b) of subdivision 2 of section 768 of the
real property actions and proceedings law, as added by section 24 of
part M of chapter 36 of the laws of 2019 which states that any person
who violates this section between April sixteenth and October thirty-
first will be subject to a civil penalty of one thousand dollars minimum
and ten thousand dollars maximum. For each violation occurring from
January first and April fifteenth, or from November first to December
thirty first will result in a civil penalty of five thousand dollars
minimum and fifty thousand dollars maximum.
Section 9 amends the real property law by adding a new section 235-j
which burdens the lessor, or any agent of the lessor, upon receipt of
rent payment, to immediately credit such payment to the rental account
of the tenant, which will be reflected on any rent statement, ledger, or
bill provided to the tenant.
Section 10 provides the effective date.
 
JUSTIFICATION:
The serious public emergency regarding the scarcity of affordable hous-
ing across New York State continues to exist, and such an emergency puts
families and individuals at a heightened risk of eviction, displacement,
and homelessness. The legislature recognizes that evictions trigger
long-lasting and irreparable harm to public health and safety. Evictions
are linked to all-cause mortality and lead to an array of negative
mental and physical health outcomes including higher rates of emergency
room utilization mental health hospitalizations, suicide, children's
hospitalization, and depression.
Evictions directly result in job loss and disruption to a child's educa-
tion. Those who have experienced an eviction are more likely to live in
substandard housing and have greater residential precarity and are less
likely to secure safe and affordable housing in the long term. These
consequences are disproportionately felt by Black and Latinx households,
who face the highest rates of eviction. Evictions are a significant
cause of homelessness, both directly and indirectly. In New York City,
25 percent of shelter residents and percent of unsheltered individuals
are homeless due to an eviction. The Department of Housing and Urban
Development identified at least 91,271 homeless individuals throughout
New York State as of January 2020, including 77,943 individuals in New
York City and 13,328 individuals throughout the rest of the State. The
well-documented and devastating consequences of homelessness are exacer-
bated by cold weather. Unsheltered individuals have an increased risk of
developing exposure-related health problems, particularly in cold weath-
er. NYC Department of Homeless Services reported that 613 homeless indi-
viduals died between July 2019 and June 2020 in New York City. Individ-
uals experiencing homelessness accounted for at least 25 percent of all
cold-related hospitalizations between 2003 and 2015.
The legislature therefore finds and declares that in order to prevent
death, hardship, and other negative health outcomes to New York State
residents, the provisions of this act are necessary to protect public
health, safety, and general welfare. The necessity in the public inter-
est for the provisions hereinafter enacted is hereby declared as a
matter of legislative determination.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS FOR STATTE AND LOCAL GOVERNMENTS:
None.
 
EFFECTS ON FINES. TERMS OF IMPRISONMENT AND OTHER PENAL SANCTIONS:
None.
 
EFFECTIVE DATE: This act shall take effect on the 60th day after it
shall have become a Law and apply to all proceedings on or after such
date.