Bill > S08960

This bill, known as the "extreme weather tenant protection act," establishes a moratorium on residential evictions during periods of extreme weather and for the 72 hours immediately following such conditions. An "extreme weather condition" is defined as either a period for which the National Weather Service issues an official warning or advisory for excessive heat (a heat index or "real-feel" temperature of 90 degrees Fahrenheit or higher) or a period for which the governor declares a state of emergency due to extreme cold, storm, flood, wildfire smoke, or other severe weather event. During these periods, courts cannot issue warrants for eviction with an execution date, and any pending unexecuted eviction orders will be automatically stayed, meaning law enforcement officers, sheriffs, marshals, or constables cannot carry out evictions. While the moratorium is in effect, tenants remain obligated to pay rent for use and occupancy and retain all their existing rights, such as the right to safe and habitable premises, and landlords are still permitted to initiate or continue eviction proceedings, but they cannot physically remove a tenant. Evictions conducted in violation of this act will be considered void, and tenants unlawfully removed can pursue legal action for damages, costs, and attorney's fees, with the Attorney General also having the authority to enforce compliance. The Office of Court Administration will be responsible for providing public notice of these eviction suspensions.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S8960