BILL NUMBER: S9090
SPONSOR: BRISPORT
 
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
 
SUMMARY OF PROVISIONS:
Section one establishes the title: the Winter Moratorium on Evictions
Act."
Section two provides the legislative findings and intent.
Sections three and four amend subdivision 2 of section 711 of the real
property actions and proceedings law to carve out an exception as
provided in section 747 (as amended in this bill) to the right of a
landlord to evict a tenant.
Section five 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 16th and October 31st of
any calendar year.
Section six amends section 747 of the real property actions and
proceedings law by adding two new subdivisions, which provide that in
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 thirty days of receiving payment satisfying the judgment, and in
cases for nonpayment of rent in which a judgment has been entered, a
person covered by the judgment may move to show cause at any time to
have the judgment vacated.
Section seven amends section 749 of the real property actions and
proceedings law to provide that the earliest date upon which an eviction
may be executed is between April 16th and October 31st of any given
calendar year.
Section eight adds a new section 754 to the real property actions and
proceedings law to provide that during the winter eviction moratorium
all pending unexecuted judgments and warrants are automatically stayed
through the end of the winter eviction moratorium period.
Section nine amends paragraph (b) of subdivision 2 of section 768 of the
real property actions and proceedings law to provide that any person who
violates this section between April 16th and October 31st will be
subject to a civil penalty of $1,000 minimum and $10,000 maximum. For
each violation occurring from January 1st to April 15th, or from Novem-
ber 1st to December 31st will result in a civil penalty of $5,000 mini-
mum and $50,000 maximum.
Section ten amends the real property law by adding a new section 235-j
which requires the lessor, upon receipt of rent payment, to immediately
credit such payment to the rental account of the tenant.
 
JUSTIFICATION:
This bill will prevent death, hardship, and other negative health
outcomes to New York State residents by restricting evictions during the
winter months.
New York is suffering from a serious public health emergency regarding
the scarcity of affordable housing. This is not just an affordability
concern, because evictions are closely linked to increased mortality, as
well as an array of negative mental and physical health outcomes.
People facing evictions are more likely to end up in an emergency room
utilization, to find themselves hospitalized due to mental health
concerns, and to experience suicide. Evictions also lead to the hospi-
talization of children, depression, and job loss. These negative impacts
are not just temporary, either, with those who have suffered eviction
finding themselves less likely to secure safe and affordable housing in
the long term.
One of the primary negative impacts of evictions is that they lead to
homelessness. In New York City, twenty-five percent of shelter residents
are homeless due to an eviction. And the homeless population throughout
the state has been steadily climbing, with the Department of Housing and
Urban Development identifying at least 158,019 homeless individuals
throughout the state as of January 2024.
The well-documented and devastating consequences of homelessness are
exacerbated by cold weather. Unsheltered individuals have an increased
risk of developing exposure-related health problems, particularly in
cold weather. In New York City alone, 613 homeless individuals died
between July 2019 and June 2020 in New York City, with homeless individ-
uals accounting for at least twenty-five percent of all cold-related
hospitalizations throughout the state.
By restricting evictions during the winter months, we can save lives.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S1403A/A4093
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
Sixty days after enactment

Statutes affected:
S9090: 711 real property actions and proceedings law, 711(2) real property actions and proceedings law, 741 real property actions and proceedings law, 747 real property actions and proceedings law, 749 real property actions and proceedings law, 749(1) real property actions and proceedings law