BILL NUMBER: S8960
SPONSOR: BAILEY
TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to enacting the "extreme weather tenant protection act"
PURPOSE:
To protect the health and safety of tenants by prohibiting the execution
of residential evictions during periods of extreme weather, including
excessive heat or other declared weather emergencies.
SUMMARY OF PROVISIONS:
Section 1:
Establishes the short title of the act as the "Extreme Weather Tenant
Protection Act."
Section 2:
Sets forth the legislative findings and intent, emphasizing the serious
health risks posed by extreme weather, particularly excessive heat. The
section notes that since 2017, over 7,500 households in New York City
have been evicted on days when temperatures exceeded 90~F, dispropor-
tionately impacting low-income and heat-vulnerable communities. It
further explains that current eviction pauses during extreme heat are
informal and inconsistently applied, and cites similar laws in other
jurisdictions as models for a formal, statewide policy.
Section 3:
Adds a new section 753-a to the Real Property Actions and Proceedings
Law to establish a statewide moratorium on residential evictions during
periods of extreme weather. Covered periods include days when the heat
index is forecast to exceed 90~F or when the Governor declares a weath-
er-related state of emergency. The moratorium remains in effect for the
duration of the emergency and for 72 hours thereafter. During this time,
courts may not issue or enforce eviction warrants, and any attempted
eviction is void. Tenants retain all existing rights and obligations
during the stay. Violations are subject to legal action, including
damages and enforcement by the Attorney General. The Office of Court
Administration must provide public notice of any suspension.
Section 4:
Provides that the act shall take effect immediately.
JUSTIFICATION:
Each year, hundreds of New Yorkers are evicted during the hottest and
most dangerous days of summer. From 2017 through 2025, more than 7,500
evictions occurred in New York City on days when temperatures exceeded
90~F. These evictions disproportionately affected low-income and heat-
vulnerable communities, particularly neighborhoods classified as urban
heat islands with limited tree canopy, high surface temperatures, and
reduced access to air conditioning.
Extreme heat is deadly. More than 500 New Yorkers die prematurely each
year due to heat-related illness. Displacing individuals and families
during such conditions exposes them to increased risks of dehydration,
respiratory distress, heatstroke, and other serious health consequences.
These risks are especially acute for seniors, young children, and indi-
viduals with pre-existing health conditions.
Currently, the suspension of evictions during extreme heat is discre-
tionary and inconsistently applied. While some enforcement agencies have
temporarily paused evictions during heat waves, the absence of formal
standards or transparency leaves vulnerable tenants without clarity or
protection, forcing them to choose between unsafe shelter conditions or
homelessness.
This legislation establishes a clear, enforceable statewide standard
that prevents displacement when it would threaten tenant health or safe-
ty. It aligns New York law with policies in other jurisdictions-includ-
ing Maryland, Cook County, Illinois, and Sonoma County, California-that
recognize eviction during extreme weather as a public health hazard. The
bill also respects landlords' rights by permitting legal proceedings to
continue and allowing evictions to resume once dangerous conditions have
passed.
As climate change drives more frequent and intense extreme weather
events, New York must update its housing and legal frameworks to reflect
this reality. The Extreme Weather Tenant Protection Act is a straight-
forward, life-saving measure that centers public health, fairness, and
basic human dignity.
LEGISLATIVE HISTORY:
New legislation.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.