Senate Bill S6847

2023-2024 Legislative Session

Requires certain public housing authorities to establish an innocent tenant protection act applicable to tenants of public and federally assisted housing

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S6847 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §711-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5475
2015-2016: S2525
2017-2018: S2203
2019-2020: S5026
2021-2022: S5430

2023-S6847 (ACTIVE) - Summary

Establishes an innocent tenant protection act applicable to tenants of public and federally assisted housing; prevents honest, hardworking family members from being evicted when other family members are involved in illegal acts.

2023-S6847 (ACTIVE) - Sponsor Memo

2023-S6847 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6847
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 requiring that certain public housing  authorities  estab-
   lish an innocent tenant protection act applicable to tenants of public
   and federally assisted housing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that it is imper-
 ative that the  forty-nine  public  housing  authorities  in  the  state
 provide that any criminal activities that threaten the health, safety or
 right  to  peaceful enjoyment of the premises, engaged in by a tenant of
 public or federally assisted housing, and members of the tenants' house-
 hold, or any guest or other person under the tenants' control, shall  be
 cause for termination of tenancy. The legislature further finds that law
 abiding tenants are vulnerable to "One-Strike" evictions given the poli-
 cy's  breadth  and  the United States Supreme Court's decision in UNITED
 STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT V.  DAVIS. Anyone who
 leases public or assisted housing is a potential target of  "One-Strike"
 evictions. It is of little consequence that a tenant may be law abiding,
 despise  drug activity or have made his or her home a drug-free environ-
 ment. Any link to guest or family members involved in drug  activity  on
 or  off  the public housing premises can trigger eviction. Therefore the
 legislature finds the adoption of  an  innocent  tenant  protection  act
 vital to law abiding tenants of public and federally assisted housing in
 New York state.
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 711-a to read as follows:
   § 711-A. INNOCENT TENANT PROTECTION. 1. EACH PUBLIC HOUSING  AUTHORITY
 AND  OWNERS  OF  FEDERALLY  ASSISTED  HOUSING SHALL UTILIZE LEASES WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07986-01-3
              

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