What's happening
This bill protects senior citizens from unwarranted eviction by requiring special court procedures and legal representation in eviction cases.
Why it matters
Explicitly requires courts to identify whether an eviction respondent is a senior citizen. , which increases transparency and ensures that older residents are considered for special protections before any eviction order is entered.
Mandates appointment of legal representation for senior citizens facing default eviction judgments. , aiming to prevent vulnerable seniors from being evicted without a chance to be heard or without understanding their rights.
Introduces criminal penalties for landlords or others who knowingly circumvent these senior-protection procedures. , creating a strong deterrent against fraudulent or malicious evictions of elderly tenants.
Gives courts the authority to pause eviction proceedings involving seniors for up to three months or issue other protective orders. , providing additional time and flexibility for seniors to secure housing stability or resolve disputes.
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Who cares
Tenants age 62 or older and people living with a spouse age 62 or older
The bill would require court-appointed counsel before a default eviction judgment against them could be authorized.
Landlords and other eviction petitioners
The bill would require affidavits addressing a nonappearing respondent’s senior status and impose misdemeanor penalties for knowingly false affidavits or knowing violations of the senior eviction procedures.
Courts handling residential evictions
The bill would require judicial authorization for default judgments when an affidavit does not establish that the respondent is not a senior citizen and allow stays of up to three months.
Attorneys representing senior citizens
The bill would create mandatory appointments in senior default eviction cases and permit appointments when a senior party does not personally appear or lacks an authorized attorney.
Headline styles
Protect Seniors from Eviction
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to housing
- Referred to housing
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1086
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
Introduced by M. of A. GLICK, ROSENTHAL, TAYLOR, EACHUS -- Multi-Sponsored by -- M. of A. COLTON, DINOWITZ -- read once and referred to the Committee on Housing
AN ACT to amend the real property actions and proceedings law, in relation to establishing protection for senior citizens against unwarranted eviction
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 111 of the real property actions and proceedings law is amended by adding a new subdivision 6 to read as follows:
6. As used in this chapter, the term "senior citizen" means a person who is sixty-two years of age or older or a person who resides with a spouse who is sixty-two years of age or older.
§ 2. Subdivision 2 of section 741 of the real property actions and proceedings law, as added by chapter 312 of the laws of 1962, is amended to read as follows:
2. State the respondent's interest in the premises [and his], the respondent's relationship to petitioner with regard thereto and whether the petitioner is a senior citizen.
§ 3. Article 7 of the real property actions and proceedings law is amended by adding a new section 768-a to read as follows:
§ 768-a. Default eviction against senior citizen. 1. In any civil action or proceeding for eviction from any premises occupied chiefly for dwelling purposes, if there shall be a default of an appearance by the respondent, the petitioner, within twenty days before the entry of judgment or final order shall file in the court an affidavit setting forth facts showing that the respondent is not a senior citizen.
2. If unable to file such affidavit the petitioner shall in lieu thereof file an affidavit setting forth either that the respondent is a senior citizen or that the petitioner is not able to determine whether or not such respondent is a senior citizen. If an affidavit is not filed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03071-01-5
showing that the respondent is not a senior citizen no judgment or final order shall be entered without first securing an order of the court directing such entry and no such order shall be made if the respondent is a senior citizen until after the court shall have appointed an attorney to represent the respondent and protect the respondent's interest, and the court shall, on application make such appointment.
3. Unless it appears that the respondent is not a senior citizen, the court may enter such judgment as in its opinion may be necessary to protect the rights of the respondent under this provision.
4. Any person who shall make or use an affidavit required under this section knowing it to be false or who shall knowingly take part in any eviction of a senior citizen otherwise than as provided for in this section or attempts to do so shall be guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by a fine not to exceed ten thousand dollars or both.
5. In any such action or proceeding in which a senior citizen is a party, if such party does not personally appear therein or is not represented by an authorized attorney the court may appoint an attorney to represent such party; and in such a case an order may be made to protect the rights of such person.
6. In any such proceeding, the court may in its discretion on its own motion stay the proceedings for not longer than three months or may make such other orders as may be just.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.