If enacted, A10121 will amend the real property actions and proceedings law to enforce the winter eviction moratorium. This means no eviction warrants can be executed during the specified winter period, thereby staying all pending unexecuted judgments and warrants against tenants. Furthermore, the rights and obligations of both tenants and landlords will remain intact during the moratorium period, ensuring that tenants continue to have the right to livable and safe housing conditions, protection against discrimination, and the right to collect rent by landlords without prejudice to existing judgments stayed under this act.
Summary
The proposed bill A10121, titled the 'winter moratorium on evictions act', aims to establish a prohibition on evicting tenants from residential properties during the winter months, specifically from November 1st to April 15th. The bill responds to the ongoing public emergency regarding the scarcity of affordable housing in New York State, which places families and individuals at a greater risk of eviction and homelessness. The intention behind this legislation is to protect vulnerable populations, particularly those experiencing homelessness, from the dangers posed by cold weather during winter months. The bill recognizes evictions as detrimental to public health, exacerbating existing health problems and increasing mortality rates among affected populations.
Contention
The bill has faced various points of contention among policymakers and stakeholders. Proponents argue that the legislation is necessary to prevent the dire consequences of homelessness and to ensure public health and safety during severe weather conditions. They emphasize the existing realities of unsafe shelter conditions and the need for a more compassionate response to housing instability. Conversely, opponents may raise concerns about landlords’ rights and the implications of blanket eviction protections, citing issues such as rent collection and property rights during periods of extended moratoriums. Discussions around this bill will likely reflect broader debates on housing policy and the balance between tenant protections and landlord interests.
Relates to the department of public service; limits increases in the amount of surcharges; establishes a one year moratorium on the collection of energy surcharges; establishes a moratorium on new surcharge assessments, taxes or fees.
Establishes a fundamental right to counsel for all respondents facing eviction proceedings; mandates an automatic stay or adjournment on any housing court eviction proceedings if a tenant does not have an attorney.
Establishes a moratorium on the installation of synthetic turf pending a comprehensive environmental and public health study; provides for the repeal of certain provisions upon expiration thereof.
Requires Director of Division of Housing and Community Resources in DCA to establish program to reimburse municipality which provides services to nonresident homeless persons; requires participation in Homeless Management Information System; appropriates $10 million.
Requires organizations providing services to homeless persons to participate in Homeless Management Information System to track occupancy of shelter beds.