Friday, November 17, 2023

Governor Hochul Signs Legislative Package to Protect New York Tenants

Governor Hochul's personalized pens 

Legislation S.7456/A.7273 Requires the New York City Housing Authority to Give Residents Timely Notice When Water is Not Safe for Drinking or Cooking

Legislation S.2294A/A.2134A Requires Multifamily Property Owners to Provide an Emergency Contact List of Residents to Emergency Services Personnel Upon Request

Legislation S.358B/A.2258B Prohibits the Installation of Certain Security Devices Used to Control Access to Common Areas of a Residential Building Without Written Permission

Legislation S.548/A.458 Allows the Executor of a Deceased Tenant to Terminate the Tenant’s Lease to Avoid Unnecessary Costs to the Estate and Free Up Units

Governor Kathy Hochul today signed a legislative package to ensure tenants’ safety during certain emergencies, among other security measures. The new legislation requires the New York City Housing Authority to notify residents within 24 hours if NYCHA is advised by a utility or government agency that the water is unsafe for drinking or cooking; requires owners of multifamily buildings to provide the names and contact information of all their building’s residents to emergency services personnel upon request during fires or other emergencies; prohibits the installation of certain building security devices used to access common areas of a residential building without the building’s written permission; and allows the estate of a deceased tenant to terminate a tenant’s lease.

“Every New Yorker deserves access to a safe and healthy home,” Governor Hochul said. “New York has the highest percentage of renters of any state in the nation, and I’m proud to sign this legislation which will ensure tenants have additional, critical protections.”

Legislation S.2294A/A.2134A requires owners of multifamily rental buildings to provide the names and contact information of all their building's residents upon the request of emergency services personnel responding to an emergency, such as a fire, gas leak, or any event where tenants need to be located to determine their safety.

Per the legislation, the owner must obtain specific and informed written consent from tenants and the lists cannot be used or disseminated for other purposes. Owners will need to update the list whenever they enter into, renew, or modify a lease. Based on agreement secured by the Governor to amend the law next session, public housing authorities can update the list upon annual recertification of eligibility for public housing, ensuring this otherwise beneficial legislation does not cause these critical affordable housing sources undue administrative burden.

Legislation S.358B/A.2258B prohibits any person or entity from installing a keyless security device to gain access to a residential building’s common area without express written approval from the building. Thanks to another agreement secured by the Governor with the Legislature, the law will be amended next session to additionally require building owners or managers to give 30 days’ notice to residents of any approved installation, as well as guaranteeing the installation of the devices will neither lead to changes in rent nor cause residents any issues in getting into their buildings.

Legislation S.548/A.458 allows the executor, administrator, or legal representative of a deceased tenant to terminate the tenant’s lease upon written notice to the landlord. The bill safeguards both the estate’s and the landlord’s financial security by allowing the estate to stop paying rent while requiring the estate to pay any outstanding charges owed to the building at the time of termination. The legislation also lets rental units get back onto the market more quickly, helping future tenants find housing.

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