Res. No. 801

Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.1300/S.127, in relation to granting legal services to small property owners.

By Council Members Williams, Louis and Riley

Whereas, According to the 2023 New York City (“NYC” or “City”) Housing and Vacancy Survey (“HVS”), approximately 1,787,400 dwelling units, slightly less than half of the City's total housing stock, are in residential buildings with 19 dwelling units or less; and

Whereas, Of the 448,000 occupied dwelling units located in buildings with 2 dwelling units, almost half were owner-occupied; and

Whereas, Of the 317,200 occupied dwelling units located in buildings with 3-5 dwelling units, approximately 19 percent were owner-occupied; and

Whereas, Many owners of 2-unit and 3- to 5-unit properties lease the available units in their properties to tenants, providing a valuable source of income to these owners, as well as a source of housing for many New Yorkers; and

Whereas, For these owners, nonpayment of rent can be detrimental to the owners’ finances, putting them at risk of foreclosure and loss of renter-occupied units; and

Whereas, In the state of New York (“NYS”), the legal eviction of a tenant requires a court proceeding and subsequent judgment of possession from the housing court; and

Whereas, The NYS Real Property Actions and Proceedings Law (“RPAPL”) governs the eviction process; and

Whereas, A property owner can initiate an eviction proceeding to remove a tenant if the tenant has failed to pay the rent required to occupy the unit; and

Whereas, Housing Court Answers, an advocacy group that provides legal information on housing court and housing law to tenants and small property owners in NYS, warns that an owner involved in an eviction proceeding who collects a rent payment from a tenant involved in the same proceeding could risk the court proceeding judge dismissing the owner’s case; and

Whereas, Residential buildings with 20 or fewer units may have property owners who depend on the timely payment of rent to keep and maintain their property and may lack the money to pay for legal representation in sometimes lengthy eviction proceedings; and

Whereas, A.1300, introduced by Assembly Member Clyde Vanel and pending in the New York State Assembly, and S.127, introduced by State Senator Leroy Comrie and pending in the New York State Senate, would provide access to free legal services for an eviction proceeding for small property owners who own 20 or fewer units and can prove a loss of at least 20 percent of rent payments in a calendar year; and

Whereas, Property owners who pay costly legal fees to evict nonpaying tenants may attempt to recover these costs by raising the rent for existing tenants or prospective tenants, and a state bill that provides legal support to small owners would protect the affordability of New York City housing; now, therefore, be it

Resolved, That the council of the city of New York calls on the New York State Legislature to pass, and the Governor to sign, A.1300/S.127, in relation to granting  legal services to small property owners.

DJS

LS #18606

02/27/2025