Signed by Governor Kathy Hochul

Vote Smart's Synopsis:

Vote to pass a bill that authorizes New Yorkers to participate in state and local government meetings virtually to reduce the risk of COVID-19 spread.

Highlights:

• Defines "eviction proceeding" as a summary proceeding to recover possession of real property under article seven of the real property actions and proceedings law relating to a residential dwelling unit or any other judicial or administrative proceeding to recover possession of real property relating to a residential dwelling unit (Sec. A-1).

• Authorizes state government meetings to meet and take place remotely by conference call or similar service provided that the public has the ability to view or listen to such proceedings and that such meetings are recorded and later transcribed (Sec. E-1).

• Authorizes a court to determine whether a litigant in a proceeding has applied for or been granted assistance from the emergency rental assistance program to ensure the availability for the eviction protections (Sec. 3.b).

• Prohibits this law from applying to the extent that it conflicts with any legally binding agreement the recipient landlord or property owner entered into according to a local program administering federal emergency rental assistance program funds prior to the effective date of the chapter of the laws of 2021 that amended this paragraph, or where the recipient landlord or property owner accepted payment from such local program prior to the effective date of this law (Sec. 5).

• Prohibits eviction proceedings for a holdover or expired lease, or non-payment of rent or utilities that would be eligible for coverage under this program from being commenced against a household who has applied for this program or any local program administering federal emergency rental assistance program funds unless or until a determination of ineligibility is made (Sec. 8).

• Prohibits this law from applying to a landlord or property owner that has agreed not to evict a household for reason of expired lease or holdover tenancy according to this law, but may evict the household if a tenant intentionally causes significant damage to the property or is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others (Sec. 9-a).

• Specifies if an eviction proceeding is not pending on the effective date of this law, the petitioner will file an affidavit under penalty of perjury with the petition attesting that the respondent intentionally caused significant damage to the property or is persistently and unreasonably engaging in such behavior, with a specific description of the behavior alleged (Sec. 6-1).

• Specifies if the court has awarded a judgment against a respondent before the effective date of this law on the basis of objectionable or nuisance behavior, the court will hold a hearing to determine whether the tenant is continuing to intentionally cause significant damage to the property or persist in engaging in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial (Sec. 6-3).

• Specifies if the petitioner establishes that the tenant intentionally caused significant damage to the property or persistently and unreasonably engaged in such behavior, the proceeding may continue pursuant to article 7 of the real property actions and proceedings law (Sec. 6-6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes New Yorkers to Participate in state and local government meetings virtually to reduce the risk of COVID-19 spread.

Highlights:

• Defines "eviction proceeding" as a summary proceeding to recover possession of real property under article seven of the real property actions and proceedings law relating to a residential dwelling unit or any other judicial or administrative proceeding to recover possession of real property relating to a residential dwelling unit (Sec. A-1).

• Authorizes state government meetings to meet and take place remotely by conference call or similar service provided that the public has the ability to view or listen to such proceedings and that such meetings are recorded and later transcribed (Sec. E-1).

• Authorizes a court to determine whether a litigant in a proceeding has applied for or been granted assistance from the emergency rental assistance program to ensure the availability for the eviction protections (Sec. 3.b).

• Prohibits this law from applying to the extent that it conflicts with any legally binding agreement the recipient landlord or property owner entered into according to a local program administering federal emergency rental assistance program funds prior to the effective date of the chapter of the laws of 2021 that amended this paragraph, or where the recipient landlord or property owner accepted payment from such local program prior to the effective date of this law (Sec. 5).

• Prohibits eviction proceedings for a holdover or expired lease, or non-payment of rent or utilities that would be eligible for coverage under this program from being commenced against a household who has applied for this program or any local program administering federal emergency rental assistance program funds unless or until a determination of ineligibility is made (Sec. 8).

• Prohibits this law from applying to a landlord or property owner that has agreed not to evict a household for reason of expired lease or holdover tenancy according to this law, but may evict the household if a tenant intentionally causes significant damage to the property or is persistently and unreasonably engaging in behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others (Sec. 9-a).

• Specifies if an eviction proceeding is not pending on the effective date of this law, the petitioner will file an affidavit under penalty of perjury with the petition attesting that the respondent intentionally caused significant damage to the property or is persistently and unreasonably engaging in such behavior, with a specific description of the behavior alleged (Sec. 6-1).

• Specifies if the court has awarded a judgment against a respondent before the effective date of this law on the basis of objectionable or nuisance behavior, the court will hold a hearing to determine whether the tenant is continuing to intentionally cause significant damage to the property or persist in engaging in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or occupants or causes a substantial (Sec. 6-3).

• Specifies if the petitioner establishes that the tenant intentionally caused significant damage to the property or persistently and unreasonably engaged in such behavior, the proceeding may continue pursuant to article 7 of the real property actions and proceedings law (Sec. 6-6).

Full Bill Text