What's happening
This bill requires landlords to have a good faith belief a tenant isn't using a unit as a primary residence before trying to evict, and imposes triple damages plus attorney fees if they violate this rule.
Why it matters
Raises the bar for evicting tenants for non-primary residence. Landlords must genuinely believe, and be able to show, that a tenant is not using the apartment as their main home before starting eviction proceedings. This helps protect tenants from being wrongfully targeted for eviction.
Strong financial penalties deter misuse. If a landlord tries to evict a tenant without a good-faith basis, they face triple the monthly rent or triple the tenant’s actual damages (whichever is greater), plus attorney fees and court costs. This makes frivolous or retaliatory eviction attempts much riskier and less attractive.
Applies to ongoing and future cases. The law would cover not just new cases, but also any eviction proceedings already underway when the law takes effect, offering immediate protection for tenants who may already be facing questionable eviction actions.
Supports housing stability during emergencies. These protections remain in place as long as the city’s rent control or stabilization laws are active due to housing emergencies, reinforcing tenant security during periods of particular vulnerability.
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Who cares
Headline styles
Penalize Failed Eviction Attempts
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3187
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. KRUEGER, BAILEY, HAMILTON, HOYLMAN, PERKINS, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the administrative code of the city of New York, in relation to primary residence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 26-413 of the administrative code of the city of New York is amended by adding a new subdivision f to read as follows:
f. (1) In addition to the requirements of any other applicable provision of law, where an owner or lessor seeks to recover possession of a dwelling unit pursuant to item ten of subparagraph (i) of paragraph two of subdivision e of section 26-403 of this chapter, on the ground that the dwelling unit is not occupied by the tenant as such tenant's primary residence, such owner or lessor shall commence the action or proceeding in a court of competent jurisdiction only upon a good faith belief that such dwelling unit is not the primary residence of such tenant.
(2) If any owner or lessor commences an action or proceeding to recover possession of a dwelling unit in violation of paragraph one of this subdivision, such owner or lessor shall be liable to such tenant for three times the monthly rent charged such tenant, or three times the damages, if any, sustained by such tenant, whichever is greater, plus reasonable attorney's fees and costs as determined by such court.
§ 2. Section 26-515 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows:
e. (1) In addition to the requirements of any other applicable provision of law, where an owner or lessor seeks to recover possession of a dwelling unit pursuant to subparagraph (f) of paragraph one of subdivision a of section 26-504 of this chapter, on the ground that the dwelling unit is not occupied by the tenant as such tenant's primary
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01925-01-7
S. 3187 2
residence, such owner or lessor shall commence the action or proceeding in a court of competent jurisdiction only upon a good faith belief that such dwelling unit is not the primary residence of such tenant.
(2) If any owner or lessor commences an action or proceeding to recover possession of a dwelling unit in violation of paragraph one of this subdivision, such owner or lessor shall be liable to such tenant for three times the monthly rent charged such tenant, or three times the damages, if any, sustained by such tenant, whichever is greater, plus reasonable attorney's fees and costs as determined by such court.
§ 3. This act shall take effect immediately and shall apply to all actions or proceedings pending on or commenced after such date, provided that the amendments to section 26-413 of the city rent and rehabilitation law made by section one of this act shall remain in full force and effect only so long as the public emergency requiring the regulation and control of residential rents and evictions continues, as provided in subdivision 3 of section 1 of the local emergency housing rent control act and provided further that the amendment to section 26-515 of the rent stabilization law of nineteen hundred sixty-nine made by section two of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York, in relation to primary residence
Purpose
To discourage frivolous, groundless or bad faith primary-residence eviction attempts.
Summary of provisions
Would allow tenants to recover attorneys, fees and damages in cases where landlords act in bad faith to bring eviction proceedings against tenants on the basis of non-primary residence.
Justification
Landlords have increasingly brought court actions against tenants in recent years to eliminate their rent-stabilization protections on the basis of non-primary residence. In many of these cases, however, landlords have little reason to believe a non-primary residence violation exists and have brought actions as a way of forcing tenants to vacate their apartments, sometimes even ignoring proof submitted by tenants establishing primary residence. This bill seeks to discourage this practice by awarding tenants attorneys' fees and damages in cases where they successfully defend primary residence actions that were brought in bad faith.
Legislative history
2009-2010:S.748-A/A.473-B 2011-2012:S.434/A.5986 2013-2014:S.3164/A.2060 2015-2016:S.2803/A.5740
Fiscal implications
None.
Effective date
Immediately, with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.