S 4098 New York Senate · 2025 Regular Session

Requires a landlord to have clean hands to bring action for rent or eviction in certain cases

This bill requires landlords to maintain habitable housing conditions before they can pursue rent payments or eviction cases. Specifically, landlords cannot file such actions if there are unresolved housing code violations, lack of essential utilities (heat, water, electricity, sewage), rodent infestations, or other dangerous conditions that have existed for five or more days in the building. Landlords may submit an affidavit claiming violations were recorded erroneously, but courts can dismiss cases if the affidavit is untrue or unsafe conditions persist at filing. The law also mandates that landlords include specific notices about tenant protections in eviction notices. This directly affects landlords seeking to collect rent or evict tenants and strengthens tenant safeguards against unsafe housing conditions.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 31, 2025 Last action Apr 24, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S4098 S4098A · 4 edits
MODERATE
The bill was renumbered to S. 4098-A and expanded to include more sponsors after being recommitteed for amendments. The core legal text now adds a new subdivision (1) to address tenant holdovers, while significantly restructuring the rent default section into three parts: a general rule, a specific process for handling tenant complaints about housing conditions, and a strict penalty for landlords who fail to disclose known violations. This creates a stronger barrier for landlords trying to evict tenants when housing code violations exist.
Scope change
The bill's scope expanded from a single rent default provision to a comprehensive framework covering tenant holdovers, rent arrears, and the mandatory disclosure of housing code violations.
SCOPE

Added a new subdivision to address cases where a tenant stays in the apartment after their lease expires without permission.

REQUIREMENT

Changed the eviction process for unpaid rent to require landlords to affirmatively prove they fixed any housing code violations or tenant complaints before proceeding.

ENFORCEMENT

Added a strict rule that courts must dismiss eviction cases if the landlord failed to disclose existing housing code violations or tenant complaints.

DEFINITION

Introduced a new legal definition for 'hazardous conditions' to clarify which safety issues block evictions.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
Apr 24, 2026
Upper · Passed
PRINT NUMBER 4098A
upper
Apr 24, 2026
Upper · Passed
AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
upper
Jan 7, 2026
Committee
REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
upper
Jan 31, 2025
Committee
REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
upper
1 primary · 11 co-sponsors

Sponsors