Justia Lawyer Rating
American Bar Association
Queens County Bar Association
AVVO
NYSBA
AVVO

FAQs - Part 2

Q. What if a City Marshal Finds Money in the Premises?

A. Money found and taken by a city marshal must be left in the custody of the local police station or in a city marshal’s office if delivery to the police station is not possible. After the warrant has been executed city marshals are required to notify the evicted tenants of the location of their property.

Back to Top


Q. What Items are Not to be Removed During an Eviction?

A. The following articles are not to be removed from the premises: food, groceries, dishes encrusted with food, any fixture so attached to the realty that its removal will cause damage to the realty, rugs and wall-to-wall carpets which are firmly affixed to the floor, linoleum or tiles.

Back to Top


Q. What is New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA)?

A. New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) contains widespread broad changes to the laws governing many forms of New York housing.

HSTPA contains broad changes to Rent Regulations that pertain to Expiration Provisions, Luxury Deregulation, Rent Increases for Building Improvements, Rent Increases During Vacancies, Rent Stabilization Coverage, Rent Overcharge Claims, Treble Damages, Records Requirements, Choice of Forum, Preferential Rents Recovery of Regulated Apartments for Owner’s Use, Non-Profit Exemption from Rent Stabilization, and Rent Increases for Rent Controlled Tenants.

HSTPA contains broad changes to Real Property Law that pertain to Notices Prior to Expiration of Lease and of Rent Increase, Duty to Mitigate Damages by Renting Apartment, Notice to Tenant of Failure to Pay Rent and Rent Receipts, Attorney Fees, Non-Rent Fees, Rental Application Fees, Retaliatory Eviction, and Tenant Blacklists.

HSTPA contains broad changes to Real Property Actions And Proceedings Law that pertain to Nonpayment Proceedings, Timing in Nonpayment Proceedings, Right to Pay Prior to Hearing, Rent Defined to Exclude Fees, Timing of Holdover Proceedings, Rent Deposits and Motions for Use and Occupancy During Pendency of Summary Proceedings, Judgments, Stays, The Warrant of Eviction and the Marshal’s Notice, Post-Trial Stay, and Unlawful Eviction.

HSTPA contains broad changes to General Obligations Law that pertain to Limits on Security Deposits and Pre-Paid Rent, Inspection of Premises, Return of Security Deposit, Conversion to Cooperative and Condominium Ownership and Manufactured Homes.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Expiration Provisions?

A. Prior to2019 HSTPA Rent Regulation expired every 4 to 8 years to allow state legislature to determine whether a housing emergency (vacancy 5% or less) continued to exist.

Now, the 2019 HSTPA changed Rent Regulation Expiration Provisions by eliminating Rent-control and rent-stabilization sunset provisions effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA)Changed Rent Regulation Luxury Deregulation (NYC Admin. Code Section 26-504.2 & 26-504.3)?

A. Prior to 2019 HSTPA High-Rent Vacancy Deregulation permitted deregulation of a regulated apartment vacated with a legal rent at or above a certain threshold, most recently $2,774.76. Once deregulated, market rent could be charged. High Income-High Rent Deregulation permitted high-income deregulation by DHCR order if the apartment was occupied by persons having a total income in excess of $200,00 for two preceding years and the rent was $2,774.76 or higher.

Now, the 2019 HSTPA changed Rent Regulation Luxury Deregulation by abolishing both high-rent and high-income & high-rent. A clean-up bill clarifies that any unit lawfully deregulated before June 14, 2019 shall remain deregulated; also provides that 421-a buildings remain deregulated and ensures that all units regulated before June 14, 2019 will remain regulated effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Rent Increases for Building Improvements for Individual Apartment Improvements (IAIs) and Major Capital Improvements (MCIs) (NYC Admin. Code Sections 26-511(13) & 26-511.1, 26-511(6), 24-405.1)?

A. Prior to 2019 HSTPA Individual Apartment Improvements (IAIs) permanent monthly rent increases were equal to 1/40th pf the cost of apartment improvement in buildings with 35 or fewer apartments and 1/60th in buildings with 36 or more apartments; DHCR approval was not necessary; tenant consent was required only if the apartment was occupied.

Now, the 2019 HSTPA changed Rent Regulation Rent Increases for Individual Apartment Improvements with the increase Revised 1/168th in buildings with equal to or more than 35 units and 1/180th in buildings with less than 35 units. IAIs are now temporary and will be removed thirty (30) years from date increase became effective. DHCR must notify owners and occupants that and IAI increase will expire. Only 3 IAIs over fifteen (15) years permitted, for total aggregate cost of $15,000. The most a landlord may increase the rent with IAIs is $89 for buildings with fewer than 35 units and $83 for buildings with more than 35 units. DHCR to promulgate guidelines and create a centralized IAI documentation electronic database. For IAIs in occupied units, tenant must be given informed consent on a DHCR form. The form must be in one of the six primary languages (other than English), as determined by the U.S. Census Bureau. To charge for IAIs, landlord must remove from apartment all hazardous (“B”) or immediately hazardous (“C”) violations. A clean-up bill clarifies that 15-year period and $15,000 cap on 3 IAIs start with first IAI after June 14, 2019. Costs must be “reasonable and verifiable modification or increase in dwelling space, furniture, furnishing or equipment.” Increase in rent is aggregate over 15 years. Work performed by an independent contractor who is licensed; no relationship with landlord. Photographs to be taken before and after work is done; photos/records must be kept permanently. Effective June 14, 2019.

Prior to 2019 HSTPA Major Capital Improvements (MCIs) permanent rent increases based on actual cost of building improvements, apportioned among building’s tenants on a per-room basis and amortized over eight (8) years for buildings with thirty fie (35) or fewer apartments and 9 years for thirty six (36) or more apartments; annual rent increases were capped at 6% in NYC and 15% in the rest of the state; owners had to apply for DHCR approval; there was a temporary retroactive component for application processing time.

Now, the 2019 HSTPA changed Rent Regulation Rent Increases for Major Capital Improvements (MCIs) with an annual cap decreased from 6% to 2%. Amortization period extended to 12 years if equal to or more than thirty-five (35) units and to 12 ½ years if more than thirty-five (35) units. The retroactive component for MCIs approved between June 16, 2012 to June 16, 2019 may not exceed 2% cap starting September 1, 2019 for any tenant in occupancy on the date of the MCI order. MCI increase now temporary and will be removed thirty (30) years after effective date. DHCR required to set a schedule of “reasonable costs”. DHCR must send notice to landlord and all tenants sixty (60) days before end of temporary MCI. Notice shall include the initial approved improvement increase and the total amount to be removed. MCIs are work essential for preservation, energy efficiency, functionality, or infrastructure of the entire building. Amount of MCI must be reduced by the amount of any government grant given to help pay for improvements and by any insurance payments that compensate for improvement costs. Collection of MCI starts on the first day of the month at least sixty (60) days after notice to tenant of the increase. MCIs not permitted in buildings with 35% or fewer regulated units. Application requires additional and more detailed documentation; DHCR to audit 25% of MCIs. No MCI if there are outstanding hazardous or immediately hazardous violations. Eliminates retroactive portion of MCI Independent contractors must perform work. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Rent Increases During Vacancies (NYC Admin. Code Section 26-510(j)?

A. The 2019 HSTPA repealed vacancy increases. Longevity increases were repealed. The NYC Rent Guidelines board may not adopt vacancy or rent adjustment with legislature’s approval. The Rent Guidelines Board may not establish rent adjustment or allow any increase that does not apply to all regulated apartments equally. All rent increases are the same regardless whether for a renewal or vacancy lease. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Rent Stabilization Coverage?

A. Prior to 2019 HSTPA, rent stabilization was in effect in NYC; parts of Nassau, Rockland and Westchester Counties; and Buffalo and other upstate cities.

Now, the 2019 HSTPA has made rent stabilization available statewide to any municipality with less than 5% vacancy and a population of less than a million where local legislature determines that a housing emergency exists. Same criteria as NYC. DHCR to reconstitute an RGB outside NYC. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Rent Overcharge Claims, Treble Damages, Records Requirements and Choice of Forum (NYC Admin. Code Section 26-516(a), CPLR 213-a)?

A. Prior to 2019 HSTPA overcharge claims were limited to 4-year period before filing of claim; subject to exceptions like fraud; determination of legal rent limited to 4-year lookback period; landlord required to maintain rent records for 4 tears; treble damages imposable for 2-year period before filing of claim if overcharge was willful, but not based solely on failure to file rent registrations; and safe-harbor exception, which allowed the landlord to refund ant overcharge, plus interest, and reduce the rent before time to answer complaint expired. Permitted late registrations to avoid overcharge liability.

Now, the 2019 HSTPA has extended rent overcharge claims to a 6-year statute of limitations, but CPLR amended to permit to permit filing of claim at any time; applicable to any proceeding application pending as of June 14, 2019. Overcharge penalties limited to 6 years preceding the complaint. No limitation on lookback period to determine legal rent; all available rent history may be examined in “reasonably necessary”; unexplained rental increases can make registrations “unreliable”; base rent is last “reliable” registration file 6 years or more prior to complaint; certain common law exceptions to the statute of limitations set by the Rent Stabilization Code written into law. Treble-damages period extended to 6-years; no longer defense that overcharge was based on untimely registration. No safe harbor; treble damages may be imposed even if owner refunds overcharge. Attorney fees ad costs must be imposed if landlord is found to have overcharged a tenant (discretionary under prior law). Record-keeping obligation extended to 6-years, but no limitations on look-back period to determine legal rent. Evidence of improvements should not be discarded; new law mentions useful life provisions, which can be as many as twenty-five (25) years. Failure to maintain records permits DHCR or court to consider evidence of overcharge beyond six years. Although DHCR and the courts shared concurrent jurisdiction under the prior law, the new law gives the tenant choice of forum.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Preferential Rents (NYC Admin. Code Section 26-511(14)?

A. Prior to 2019 HSTPA landlords could charge a “preferential” rent that was less than the legal rent; landlords could rescind preferential rent during renewal unless lease provided otherwise.

Now, with the passage of 2019 HSTPA owners may charge only the preferential rent, subject to applicable RGB rates and any other applicable rent increases; when the tenant vacates, the preferential rent can be rescinded if warranty of hability issues did not cause the vacancy. Subject to limited exception for buildings subject to a regulatory agreement (i.e., federal housing projects). Effective June 14, 2019, bit it applies to any tenant subject to a lease on or after the effective date or that is entitled to receive a renewal or vacancy lease on or after that date. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Recovery of Regulated Apartments for Owner’s Use (NYC Admin. Code Sections 26-511(b), and 26-408(1)?

A. Prior to 2019 HSTPA rent-regulated apartment(s) could be recovered if the owner or owner’s immediate family intended in good-faith to occupy apartment(s) as their primary residence.

The 2019 HSTPA limits Rent Regulation Recovery of Regulated Apartments for Owner’s Use to only one apartment. Landlord must have “immediate and compelling necessity” to recover apartment. Owner or immediate family must occupy apartment for 3 years after recovery. New cause of action is created for damages and declaratory and injunctive relief based on owner’s fraudulent statement regarding proposed use of apartment; clean-up bill clarifies that his exists only when tenant was required to surrender the premises under owner’s own-use provision. Unless owner can provide an equivalent or superior housing accommodation at same or lower stabilized rent in an area closely proximate to subject unit, owner is precluded from recovering a unit when any member of the household lawfully occupying unit has 15 or more years’ (previously 20 years) tenancy; is 62 years old or older; or has a permanent anatomical, physiological, psychological condition that prevents “substantial gainful employment,” Effective June 14, 2019. Applies to any tenant in occupancy on this date.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Non-Profit Exemption from Rent Stabilization?

A. Prior to 2019 HSTPA non-profits operated for charitable or educational purposes exempt form rent stabilization.

Now the 2019 HSTPA changed Rent Regulation Non-Profit Exemption from Rent Stabilization. Non-profits operating programs for those who are or were homeless or at risk of homelessness no longer exempt for rent stabilization. Existing occupants are deemed tenants, and the legal rent is set at the next renewal to the legal rent of the prior tenant, plus applicable RGB increases. Clean-up bill excludes from the exemption premises owned or operated by a hospital or other charitable organization operated on an exclusive not-for-profit basis. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Rent Regulation Rent Increases for Rent Controlled Tenants (NYC Admin. Code Sections 26-405(a)(5) and 26-407.1)?

A. Prior to 2019 HSTPA maximum collectible rent for rent-controlled tenants could not be increased by more than 7.5% per year; separate fuel cost adjustments were available based on changes in heating fuel cost.

Now, the 2019 HSTPA changed Rent Regulation annual rent increases for rent controlled tenants are lesser of 7.5% and average of the last 5 years of RGB 1-year renewal leases. Fuel cost pass-along eliminated. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Law Notices Prior to Expiration of Lease and of Rent Increase (RPL Sections 226-c and 232-a and 232-b)?

A. Prior to 2019 HSTPA month-to-month tenancies could be terminated with service of a 30-day notice; no notice requirement at expiration of ordinary lease or if renewal conditioned on increase in rent.

Now with the 2019 HSTPA, landlords must notify tenants if the lease will not be renewed or if the rent will be increased by 5% or more. The amount of notice depends on length of occupancy or lease term.

Landlords must serve tenants with a 30-notice for occupancies of less than 1 year or a lease term equal to or less than 1 year.

Landlords must serve tenants with a 60-notice for occupancies of more than 1 years but less than 2 years or a lease term equal to or less than 2 years.

Landlords must serve tenants with a 90-notice for occupancies of more than 2 years, or a lease term equal to or more than 2 years.

Notices must specify vacate date.

Post 2019 HSTPA notice requirements apply statewide to non-regulated residences; applies to all tenancies, even one-family homes, but is inapplicable to non-leasing license relationships.

If the proper notice is not given, tenancy continues on same terms until notice is given and required time passes.

In NYC, termination notice requires RPAPL Section 735 service; outside of NYC, or for commercial tenant; landlord service method is unclear; RPAPL Section 735 service is not referenced.

Under prior law and post 2019 HSTPA, tenant need not give notice before vacating.

RPL Section 232-b is amended to provide monthly and month-to-month tenancies outside NYC may be terminated by either commercial landlord or tenant on 30 days’ notice.

Post 2019 HSTPA landlord notice requirements effective October 12, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Law Duty to Mitigate Damages by Renting Apartment (RPL Section 227-e)?

A. Prior to 2019 HSTPA landlords were not obligated to mitigate damages. The apartment could have been left vacant, and tenant would have been liable for rent through end of term.

Post 2019 HSTPA, landlords must in food faith, according to landlord’s resources and abilities, take “reasonable and customary” steps to rent the apartment.; residential only; commercial leases and licenses not affected. Lease provision to the contrary are void as contrary to public policy. The person seeking damages has the burden of proof. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Law Notice to Tenant of Failure to Pay Rent and Rent Receipts (RPL Section 235-e)?

A. Prior to 2019 HSTPA other than statutory 3-day rent demand, nothing required landlord to notify tenant that rent was not received.

Post 2019 HSTPA, residential and possibly commercial tenants must be notified by certified mail within 5 days that rent was not received on the due date. Tenants may raise as an affirmative defense to a nonpayment proceeding the failure to provide the 5-day rent reminder notice. Landlords must maintain records of cash receipts for at least three years; rent receipts must be provided upon tenant’s request or if rent is paid by cash or any form other than personal check. If payment is made in person, receipt to be given immediately. If payment not made in person, receipt must be provided within 15 days. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Law Attorney Fees, Non-Rent Fees and Rental Application Fees RPL Sections 234 and 238-a)?

A. Prior to 2019 HSTPA if a residential lease provided for landlord’s right to recover attorney fees, a reciprocal right was implied at aw in tenant’s favor and DHCR has discretion to award attorney fees.

Post 2019 HSTPA attorney fees may not be recovered on a default judgment. 2019 HSTPA limits non-rent fees for rental application to lessor of actual cost of background checks and credit checks or $20.00. To collect the fees for credit or background checks, landlords must provide the potential tenant a copy of the credit or background check and a receipt from the entity conducting the check. The fee is waived if a tenant provides a copy of a credit or background check conducted within the past 30 days. Landlords are entitled to a late fee of the lesser of $50.00 or 5% of the monthly rent. Tenants have a minimum 5-day grace period to pay rent. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Law Retaliatory Eviction (RPL Section 223-b)?

A. Prior to 2019 HSTPA landlords were prohibited from taking action to bring holdover proceedings to evict tenants in retaliation for tenant complaints of violations of health or safety laws to enforcement agencies, tenants taking action to enforce rights under the lease or at la, or tenant’s participation in a tenant organization. There is a rebuttable presumption that evictions were retaliatory if within 6 months of protected tenant actions.

Post 2019 HSTPA protected tenant actions that create presumption of retaliation now includes complaint of breach of habitability to landlord or agent or to prohibit changes to the terms of tenancy. Rebuttable presumption extended to 1 year of a good-faith complaint. Presumption now applies to nonpayment proceedings, not merely holdovers. Potential retaliatory action now includes offering a new lease with an “unreasonable” rent increase. Landlords may be required to offer a new lease or lease renewal for a term of up to 1 year. Tenant entitled to attorney fees in civil action for retaliatory eviction. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Law Tenant Blacklists (RPL Sections 227-f and Judiciary Law Section 212)?

A. Prior to 2019 HSTPA public records including court records were used to compile “blacklists” of tenants who have had court proceedings against them. Landlords used these records to screen rental applications.

Post 2019 HSTPA a rental application may not be refused on the basis of a past or present landlord-tenant action or summary proceeding under RPAPL Art. 7. A rebuttable presumption is created against a landlord that denies rental after having requested information from a tenant screening bureau otherwise inspected court record. Landlords have the burden to provide an alternate reason that tenancy was rejected. Attorney General has enforcement power; no private cause of action. Civil penalties between $500 and $1,000 for each violation. The Unified Court System may not sell residential-tenant or eviction date. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Actions and Proceedings Law That Pertain to Nonpayment Proceedings (RPAPL Section 711(2) and RPAPL Sections 732(1) and 732(3)?

A. Prior to 2019 HSTPA landlords had to make demand to pay rent three (3) days before starting a nonpayment proceeding. Oral demands were permitted, but if written, demand must have been served. Tenants had five (5) days to answer.

Post 2019 HSTPA oral rent demands are no longer permitted. Fourteen (14) day written demand required; must be served as per RPAPL Section 735. Landlords may not seek arrears from a surviving spouse, surviving issue, or distribute. Landlord’s remedy is solely against estate of the decedent; only possessory (not money) judgment may be obtained against the estate. RPAP: Section 711: “No tenant or awful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding.” Tenants have ten (10) days to answer or will be in default in a nonpayment proceeding. Court has discretion to grant up to a five (5) day stay on the issuance of a warrant post-trial, subject to discretionary stay of up to one (1) year under RPAPL Section 753. HSTPA expands rights of occupants who might be in possession after tenant’s death; warrant of eviction against the estate of decedent due to nonpayment of rent will not permit landlord to evict occupant in possession; in this case, landlord must commence separate holdover proceeding to evict occupant and regain possession of apartment. RPAPL Section 711(2) applicable to residential proceedings. RPAPL sections 732 (1), (2), an (3) applicable to residential and commercial proceedings. RPAPL Section 711(2) effective June 14, 2019. RPAPL Section 732 effective July 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Actions and Proceedings Law That Pertain to Timing in Nonpayment Proceedings RPAPL Sections 732(1) and 732(3)?

A. Prior to 2019 HSTPA tenants had five (5) days to answer.

Post 2019 HSTPA tenants have ten (10) days to answer or be in default in a nonpayment proceeding. Court has discretion to grant up to a five (5) day stay of the issuance of a warrant post-trial or post-answer default, subject to discretionary stay of up to one (1) year under RPAPL Section 753. Effective July 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Actions and Proceedings Law That Pertain to Right to Pay Prior to Hearing (RPAPL 731(4)?

A. Prior to 2019 HSTPA the law pertaining to a tenant’s right to pay prior to a hearing not codified.

Post 2019 HSTPA if full amount of rent is paid before hearing on the petition, landlords must accept payment, and the proceeding must be dismissed. Applies to residential and may apply to commercial tenancies. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Actions and Proceedings Law That Pertain to Rent Defined to Exclude Fees (RPAPL Section 702)?

A. Prior to 2019 HSTPA a residential lease could include provisions for “added” or “additional” rents, such as late and legal fees. A petitioner was able to seek such rent in a summary nonpayment or holdover proceeding. A rent-regulated tenant was subject to a money judgment but not a possessory judgment for not paying additional rent. A non-regulated tenant was liable for both a money judgment for such rent.

Post 2019 HSTPA residential rent defined narrowly to include only amount charged in consideration for the “use and occupation’ of the space. “No fees, charges or penalties other than rent may be sought in a summary proceeding.” Applies to residential proceeding, but not commercial proceedings. Effective June 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Actions and Proceedings Law That Pertain to Timing of Holdover Proceedings (RPAPL Sections 733(1) and 743?

A. Prior to 2019 HSTPA service of a holdover petition must have been made at least five (5) days and not more than twelve (12) days before the first court appearance. If petition was served at least eight (8) days before initial return date, tenant had three (3) days before initial return date, tenant had three (3) days to answer.

Post 2019 HSTPA service of a holdover petition must be made at least ten (10) days and not more than seventeen (17) days before the first court appearance. Tenant must answer the petition orally or in writing at the first court appearance. Section RPAPL Section 743 is amended to eliminate the requirement that an answer be made at least three (3) days before the petition is returnable/to be heard. Applies to residential and commercial proceedings. RPAPL Section 733 effective June 14, 2019. RPAPL Section effective July 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Actions and Proceedings Law That Pertain to Rent Deposits and Motions for Use and Occupancy During Pendency of Summary Proceedings (RPAPL Section 745)?

A. Prior to 2019 HSTPA after two adjournments by a tenant or thirty (30) days, landlords could request tenants make a rent deposits and/or move by motion for tenant to pay use and occupancy during pendency of summary proceedings.

Post 2019 HSTPA rent deposit orders are now discretionary. Applications cannot be made until 60 days after the parties’ first court appearance or 2 adjournment requests solely by tenant; only days attributable to respondent’s adjournment requests are counted. Oral applications for rent deposit no longer sufficient. When two (2) adjournments or 60 days are attributable to respondent, and petitioner files a written motion or rent deposit or use and occupancy, but only for sums of rent or use and occupancy that accrued after the date of the of order. Unrepresented tenants first request to obtain counsel does not count as an adjournment as an adjournment or as part or as part of the sixty (60) days to determining if applicable for rent deposit timely. Hearing now “as soon as possible”; minimum fourteen (14 days adjournment for trial given to either party unless both sides and court agree to shelter adjournment; court has the sole discretion to grant a second or subsequent request for an adjournment. Tenant can defense against a rent-deposit order by establishing one of the following: (a) the petitioner is not the proper party to the suit; (b) actual, partial, or constructive eviction, and respondent has vacated; (c) defense based on Social Service Law Section 143 (b); (d) defense of existing hazardous or immediately hazardous violations Housing Maintenance Code is respondent’s unit or building common area; (e) colorable defense of overcharge; (f) lack of personal jurisdiction; and (g) unit violates building’s certificate of occupancy or is illegal under Multiple Dwelling Law. Failure to pay use and occupancy or deposit rent may result in dismissing any of respondent’s defenses or counterclaims. Only penalty for failure to comply with a rent deposit order is that, at the court’s discretion, an immediate trial may be ordered, but the tenant’s time to deposit may be extended for good cause. Effective July 14, 2019.

Back to Top


Q. How Has New York’s Housing Stability and Tenant Protection Act of 2019 (HSTPA) Changed Real Property Actions and Proceedings Law That Pertain to Judgments and Stays (RPAPL Section 747-a)?

A. Prior to 2019 HSTPA in the NYC nonpayment summary proceedings in which the respondent appeared and the petitioner obtained a judgment pursuant to RPAPL Section 747 and more than five days have elapsed, the court was not supposed to grant a stay of the issuance or execution of any warrant of eviction nor stay the reletting of the premises unless the respondent shall have either established to the satisfaction of the court by a sworn statement and documentary proof that he judgment amount was paid to the petitioner prior to the execution of the warrant or the execution of the warrant or the respondent has deposited the full amount of such judgment with the clerk of the court.

Post 2019 HSTPA RPAPL Section 747-a has been repealed.

Back to Top


<< FAQs - Part 1 | FAQs - Part 3 >>

Disclaimer - Please be advised that these Frequently Asked Questions FAQs and Responses are merely intended for general information purposes only and not intended as legal advice on any particular matter. The responses do not apply to every matter or situation and therefore should not be relied upon as your matter may have a nuance not contemplated below. If you any particular questions, you should consult any attorney to best advise you as to the specific answers to your questions.

The information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for individual advice regarding your own situation. The selection of an attorney is an important decision.

Client Reviews
★★★★★
From my very first contact with Steve, it was clear I was in highly capable hands. My landlord against tenant case was handled expertly at every step with professionalism. Steve handled my case in a very professional and competent manner. His extensive knowledge and advice regarding the law and negotiations with the opposing party were clear and effective and it is clear that he is a expert in the field. I felt my options were clearly explained and he made sure I understood the process. I would highly recommend his services. Amy
★★★★★
Landlord-Tenant is a small portion of my practice; usually cases are taken on only as an accommodation to a client. Working with Mr. Gordon has allowed me to take on cases which would ordinarily be time/cost inefficient. This assists me in my goal of being the “go-to” person for legal advice to my clients. His knowledge of Landlord-Tenant law allows me to feel confident in allowing him to handle my appearances. Mr. Gordon is fair and trustworthy. I would recommend him and his services. Victor
★★★★★
It is my distinct honor and pleasure to write this testimonial for Steven Gordon, Esq. As an attorney who does not normally practice in the housing courts, I found myself with an important client who needed sophisticated help with a landlord/tenant matter. I brought Steven in on the case and he immediately demonstrated a tremendous depth and breadth of knowledge and experience. He was a tenacious advocate for my client and helped resolve the matter fast and cost efficiently. I would recommend Steven to any attorney looking for assistance with a housing court matter. Gregg
★★★★★
Mr Gordon was fantastic in helping us collect our money. He was patient and walked us through the entire process, explaining clearly what would happen and how long the process would take. Any questions or concerns we had were responded to in a timely manner. We would certainly utilize his services in the future if needed. Scott
★★★★★
Mr. Gordon was respondent to any court paper work and was very familiar with the process. He won the case for us to have a tenant evicted who stopped paying his rent. Eric