NY A01853

Requires landlords to certify at the time of commencing a rent default eviction proceeding that there are no violations of housing codes, no conditions violating Real Property Law section 235-b, and no dangerous conditions (lack of heat, water, electricity, sewage, or rodent infestation) that have existed for 5 or more days in the subject apartment or common building areas.

Allows landlords to proceed with eviction despite existing violations only by filing an affidavit claiming the violations were recorded erroneously or that a government agency erroneously failed to remove them.

Prohibits eviction proceedings if the court finds the landlord's affidavit claims are untrue or if violations or extremely hazardous conditions actually exist at the time the proceeding commenced.

Requires the eviction notice to state either that no violations or dangerous conditions exist, or that an affidavit challenging recorded violations has been filed.

Takes effect immediately upon enactment.