Extreme Weather Tenant Protection Act

nysenate.gov ^ | TAPIA

[AbolishCSEU]

THE TERM "EXTREME WEATHER CONDITION" SHALL MEAN: (A) (I) ANY PERIOD FOR WHICH THE NATIONAL WEATHER SERVICE HAS ISSUED AN OFFICIAL WARNING OR ADVISORY FOR EXCESSIVE HEAT, DEFINED AS A FORE- CASTED HEAT INDEX OR REAL-FEEL TEMPERATURE OF NINETY DEGREES FAHRENHEIT OR HIGHER; OR (II) ANY PERIOD FOR WHICH THE GOVERNOR HAS DECLARED A STATE OF EMER- GENCY UNDER SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW RELATED TO EXTREME COLD, STORM, FLOOD, WILDFIRE SMOKE, OR OTHER SEVERE WEATHER EVENT; AND (B) THE SEVENTY-TWO HOUR PERIOD FOLLOWING A PERIOD UNDER PARAGRAPH (A) OF THIS SUBDIVISION. 2. (A) IN A PROCEEDING TO RECOVER POSSESSION OF A PREMISES OCCUPIED FOR DWELLING PURPOSES, OTHER THAN A ROOM OR ROOMS IN A HOTEL OCCUPIED BY A TRANSIENT OCCUPANT FOR LESS THAN THIRTY DAYS, THE COURT SHALL NOT ISSUE A WARRANT PURSUANT TO SECTION SEVEN HUNDRED FORTY-NINE OF THIS ARTICLE WITH AN EXECUTION DATE DURING AN EXTREME WEATHER CONDITION. (B) AT THE COMMENCEMENT OF AN EXTREME WEATHER CONDITION, ALL PENDING UNEXECUTED JUDGMENTS AND WARRANTS ISSUED UNDER THIS ARTICLE SHALL AUTO- MATICALLY BE STAYED THROUGH THE END OF SUCH EXTREME WEATHER CONDITION. NO OFFICER OF THE COURT, SHERIFF, MARSHAL, OR CITY CONSTABLE SHALL EXECUTE OR ENFORCE A WARRANT OF EVICTION OR WRIT OF POSSESSION UPON A RESIDENTIAL TENANT DURING AN EXTREME WEATHER CONDITION.

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TOPICS:
KEYWORDS: eviction; rent; tenant; weather

[AbolishCSEU]

This is in conjunction with the Winter Eviction Moratorium now being proposed to ban evictions between Nov 1st and April 15th with violations up to $50K per incident violation. The landlord is still obligated to follow all the lease and habitability requirements (repairs, utilities, etc) with no retaliatory measures against the evictee.

[Oldeconomybuyer]

Feeling the “warmth of collectivism”.

[xp38]

Any token scrap for the landlords?

[AbolishCSEU]

The Winter Eviction Moratorium bill says “evictions are the leading cause of homelessness” with no mention that “failing to pay your rent/bills, follow the lease clauses are the leading cause of eviction.”

[Buttons12]

This is why I don’t have tenants. Too easy for the law to take their side, and they know it. A law like this gives them squatting privileges!
Good luck renegotiating the lease, too.

[Buttons12]

Any token scrap for the landlords?

Well, the landlord can always tell his mortgage company, utilities, tax authority, etc., that the humane thing to do is to waive all that in bad weather.

[Seruzawa]

Sounds like an illegal taking by the govt

[pepsi_junkie]

The difference between fascism and communism is simple. Commies seize all property and the state owns it. Fascists allow people to own property but ruthlessly regulate and control how it's used. That's the difference.

China, therefore, is not communist anymore, it's fascist.

And so too heads New York.

[MikelTackNailer]

I didn't know FReeper "RidesTheMiles" wrote weather alerts for the New York state government (ALL CAPS).

[AbolishCSEU]

Takes me literally six months to fill a vacancy. That’s because only 2% of the total applicant population has a credit score above 600, a clean rental history, doesn’t smoke, doesn’t have a criminal record, has never been evicted.

BTW, eviction records are SEALED in NYS so you have to do your own detective work. Social media helps a lot because that 98% of irresponsible renters show themselves on it.

The government has incentivized bad tenant behavior.

[AbolishCSEU]

ha ha ha ha! No, the landlord is expected to keep up with maintenance, keep all utilities running, pay taxes, insurance, mortgage whilst not being paid for at least 5 months out the year.

I predict rents will DOUBLE.

[fruser1]

I didn’t know that evictees weren’t allowed to go to Florida.

[aquila48]

“Winter Eviction Moratorium now being proposed to ban evictions between Nov 1st and April 15th”

This is for every year? And it includes non payment of rent?

[Racketeer]

“Sounds like an illegal taking by the govt”

It will be challenged and removed.

[Ex-Con777]

You win!

Now help me get back up off the floor.

EC

[EVO X]

I can deal generally deal with ridesthemiles posts because they are mostly brief and 1 liners. My head exploded reading the post from AbolishCSEU😀

[AbolishCSEU]

Sorry about the cut and paste directly from the pontificating politicians themselves (the actual proposed bill)

[EVO X]

LOL. Politicians want to give their voters a headache and avoid reading the bill..

[daniel1212]

ha ha ha ha! No, the landlord is expected to keep up with maintenance, keep all utilities running, pay taxes, insurance, mortgage whilst not being paid for at least 5 months out the year.

We have been tenants at-will for close to 3 decades, by the grace of God under 2 LL's in 2 locations (12 years at our present one), both of which kept the rent much lower than the norm (thank God: a 3 BR apt. in a typical 100+ year-old building is at least $2,500 in this densely populated NE city) and try to never bother the LL who overall has not bothered us (unlike the city if they do habitability inspections on all rentals). And who lets me do minor repairs (replace faucet, fix loose steps, paint them yearly, etc.) And we save him on the water bill, though I have a garden (use rainwater).

However, that is the Lord's doing, as part of a Christian ministry, to whom I give thanks.

[AbolishCSEU]

This is what I look for in a tenant:

1. Credit score above 600
2. Clean rental history (preferably with a complex and not exclusively a private landlord—this is because nowadays bad tenants purposely look for private landlords WHO DON’T SCREEN)
3. non smoker
4. stability—minimal drama
5. not overextended 3X income to rent ratio

In my area that openly protects bad tenant behavior and seals/hides eviction records, only 2% of people responding to my ads fit the above 5 criteria. A sad state of affairs.