What's happening
This bill updates the definition of "tenant" for mortgage foreclosure proceedings to include all current lessees and rental agreements.
Why it matters
Expanding tenant protections. By updating and broadening the definition of "tenant" in foreclosure situations, the bill ensures more residents—whether they have a written lease, an oral agreement, or even an implied rental arrangement—are recognized as tenants. This could help prevent sudden displacement or loss of rights for people who might otherwise be overlooked during foreclosure.
Greater housing stability. Including all current lessees and rental agreements (not just those with written leases) means more people are eligible for notification and potential legal protections when a property faces foreclosure. This can help renters plan, seek assistance, or contest eviction, reducing the risk of homelessness.
Reflecting real-world renting practices. Many renters in New York, especially in informal or sublet situations, may lack formal written leases. This law acknowledges those common arrangements, helping protect vulnerable populations who are often most at risk during property transitions.
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Who cares
Headline styles
Broaden Tenant Protections Notice
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Substituted by A6370
- Advanced to third reading
- 2nd report cal.
- 1st report cal.214
- Referred to housing, construction and community development
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 45–17
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.885
- 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.
Expand Tenant Protections in Foreclosure
Signed by Governor · Sponsor Jaime R. Williams
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5357
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
Introduced by Sen. COMRIE -- 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 real property actions and proceedings law, in relation to the definition of "tenant" for purposes of mortgage foreclosures
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 1 of section 1305 of the real property actions and proceedings law, as added by chapter 507 of the laws of 2009, is amended to read as follows:
(c) "Tenant" shall mean any person who [at the time the notice required by subdivision four of section thirteen hundred three of this article] appears as a lessee on a lease of one or more dwelling units of a residential real property that is subordinate to the mortgage on such residential real property; or who at such time is a party to an oral or implied rental agreement with the mortgagor and obligated to pay rent to the mortgagor or such mortgagor's representative, for the use or occupancy of one or more dwelling units of a residential real property.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law, and shall apply to actions commenced on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05591-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property actions and proceedings law, in relation to the definition of "tenant" for purposes of mortgage foreclosures
Purpose of bill
To ensure that all tenants lawfully residing in a home under foreclosure receive the notice protections intended for tenants residing in fore- closed properties.
Summary of provisions of bill
Section 1. Amends paragraph (c) of section 1305 of the Real Property and Procedures Law by expanding the definition of tenants entitled to notice of rights from those who were lawful tenants at the time the foreclosure was commenced to those who are lawful tenants during the pendency of the foreclosure action.
Section 2 provides for an effective date on the first of January follow- ing the date on which the proposal becomes law with the terms of the act to apply to actions commenced on or after such date.
Justification
In 2009, via chapter 507, New York State enacted the New York State Governor's proposal into law that included various provisions relating to foreclosure. One of the provisions of that law added section 1305 of the Real Property Act and Proceedings Law (RPAPL). This provision provides that tenants residing in properties under foreclosure have the right, as long as they continue to pay rent, to remain in the property for the greater of 90 days after the foreclosure sale, or the remainder of their lease, unless the buyer intends to occupy the property.
RPAPL 1305, however, defines a tenant as someone who was lawfully resid- ing in the home under foreclosure at the time the foreclosure was commenced. Therefore, lawfully residing tenants who enter into leases with landlords after the commencement of a foreclosure action and during the pendency of the foreclosure, who were not tenants at the time the foreclosure was commenced, are not covered by the notice requirement of RPAPL 1305. This was an oversight.
RPAPL section 1305 was intended to establish protections for tenants in foreclosed homes. The written notice of rights under this section was intended for all lawfully residing tenants during the pendency of the foreclosure. Since foreclosure proceedings often take longer than a year to complete, tenants who enter into leases while the foreclosure is pending do not know of their rights, and find themselves without the benefit of the notice provision intended for them under RPAPL 1305.
This measure would remedy this oversight to fulfill the intent of the original law.
Legislative history
2017-2018: A2803
Fiscal implications for state and local governments
None.
Effective date
It would take effect on the first of January following the date on which the proposal becomes law with the terms of the act to apply to actions commenced on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.