What's happening
This bill prohibits landlords from collecting rent or evicting tenants for nonpayment if a dwelling is illegally occupied under housing law.
Why it matters
Strengthens tenant protections. by making it illegal for landlords to collect rent or evict tenants for nonpayment when the building is being occupied unlawfully—shifting the incentive onto landlords to comply with health, safety, and occupancy codes.
Motivates landlords to address code violations. and legalize occupancy, since failure to do so means they cannot seek rent or remove tenants for nonpayment, increasing pressure to fix unsafe or illegal living conditions.
Empowers local enforcement agencies. by allowing them to vacate dwellings deemed nuisances, overcrowded, or otherwise in violation, and preventing re-occupancy until the property is brought up to code, which could impact both landlords and tenants in illegal units.
Potentially impacts housing availability. by making it riskier for landlords to operate illegal units—this could reduce the number of unsafe or unregulated apartments but may also temporarily displace tenants if units are vacated.
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Who cares
Headline styles
No Rent for Illegal Buildings
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A1646
- Advanced to third reading
- 2nd report cal.
- 1st report cal.643
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
No Rent for Illegal Units
Signed by Governor · Sponsor Pamela J. Hunter
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2576
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. BAILEY -- 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 multiple residence law, in relation to unlawful occupation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The multiple residence law is amended by adding a new section 302-a to read as follows:
§ 302-a. Unlawful occupation. 1. If any dwelling or structure be occupied in whole or in part for human habitation in violation of section three hundred two of this article, no rent shall be recovered by the owner of such premises for said period, and no action for possession of said premises for nonpayment of such rent shall be maintained therefor.
2. The department charged with the enforcement of this chapter may cause to be vacated any dwelling or any part thereof which contains a nuisance as defined in section three hundred five of this article, or is occupied by more families or persons than permitted in this chapter, or is erected, altered or occupied contrary to law. Any such dwelling shall not again be occupied until it or its occupancy, as the case may be, has been made to conform to law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04979-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the multiple residence law, in relation to unlawful occupation
Purpose of the bill
This bill is intended to ensure dwellings are safe and habitable and designed to enforce critical life, health and safety standards.
Summary of specific provisions
This bill creates an action against an owner of a building or landlord if the building does not have a valid certificate of occupancy.
Section 1 prohibits the owner or landlord from collecting rent during the period of time in which there was no valid certificate of occupancy.
Section 2 allows the department to require persons to vacate any dwell- ing deemed a nuisance as defined in multiple residence law section 305.
Difference between original and amended version (if applicable)
Amended language ensures that no one can stay on the premises indefi- nitely.
Justification
This bill would provide a more consistent statewide approach and estab- lish an effective mechanism that bars law-breaking landlords from collecting any rent during the period of time there is no certificate of occupancy.
Certificate of occupancy is required before a building owner allows a tenant to move into a dwelling, subject to exceptions identified in Multiple Residence Law § 302(1). This requirement is codified by nearly identical language in Multiple Dwelling Law (applicable to cities having a population more than 350,000) and Multiple Residence Law (applicable. to cities having a population of less than 350,000). Multiple Dwelling Law prohibits an owner from recovering rent for any period of time a dwelling is occupied in violation of § 301, however Multiple Residence Law does not have a similar provision.
Prior legislative history
2017-18: S.8708-A/A.10193-B(Hunter) - Referred to Housing, Construction and Community Development
Fiscal implications for state and local governments
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.