NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9033
SPONSOR: Tapia TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to enacting the "extreme weather tenant protection act"
PURPOSE:
To protect the health and safety of tenants by prohibiting the execution
of residential evictions during periods of extreme weather, including
excessive heat or other declared weather emergencies.
SUMMARY OF PROVISIONS:
Section 1:
Establishes the short title of the act as the "Extreme Weather Tenant
Protection Act."
Section 2:
Details the legislative findings and intent, emphasizing the serious
health risks posed by extreme weather, especially excessive heat. It
acknowledges that over 7,500 households in New York City have been
evicted on days when the temperature exceeded 90~F since 2017, and it
highlights the disproportionate impact on low-income and heat-vulnerable
communities. The section notes that current pauses on evictions during
heat events are inconsistent and informal, and cites similar laws in
other jurisdictions as models for a formal, statewide policy.
Section 3:
Creates a new section 753-a of the Real Property Actions and Proceedings
Law to establish a statewide moratorium on residential evictions during
extreme weather conditions. These include days when the heat index is
forecast to exceed 90~F or when a weather-related state of emergency is
declared by the Governor. The moratorium lasts through the emergency and
for 72 hours afterward. During this period, courts cannot issue or
enforce eviction warrants, and any attempted eviction is void. Tenants
retain all existing rights and responsibilities during the stay, and
violations are subject to legal action, including damages and enforce-
ment by the Attorney General. Public notice of any suspension must be
provided by the Office of Court Administration.
Section 4:
Provides that the act shall take effect immediately,
JUSTIFICATION:
Each year, hundreds of New Yorkers are evicted during the hottest and
most dangerous days of summer. From 2017 to 2025, more than 7,500
evictions occurred in New York City on days when the temperature
exceeded 90~F. These evictions disproportionately impacted low-income
and heat-vulnerable communities, particularly in neighborhoods already
classified as urban heat islands with limited tree coverage, high
surface temperatures, and reduced access to air conditioning.
Extreme heat is deadly. More than 500 New Yorkers die prematurely each
year due to heat-related illness. Displacing individuals and families
during such conditions puts them at increased risk of dehydration,
respiratory distress, heatstroke, and other serious health consequences.
For people with pre-existing conditions, young children, and seniors,
the risks are even more severe.
Currently, the suspension of evictions during extreme heat is left to
the discretion of enforcement agencies and is inconsistently applied.
Some agencies have temporarily paused evictions during heat waves this
summer, but without formal guidance or transparency. This leaves vulner-
able tenants without clarity or protection, forcing them to choose
between a dangerously hot shelter or the street.
This legislation provides a clear, enforceable standard that protects
tenants from displacement when doing so would threaten their health or
safety. It aligns with successful policies in other jurisdictions-in-
cluding Maryland, Cook County (Illinois), and Sonoma County (Californi-
a)-that recognize eviction during extreme weather as a public health
hazard. It also respects landlords' rights by allowing legal proceedings
to continue and evictions to.resume once the dangerous conditions pass.
As New York faces more frequent and intense weather events due to
climate change, it is imperative that we update our housing and legal
systems to reflect this new reality. The Extreme Weather Tenant
Protection Act is a straightforward, life-saving measure that
centers.public health, fairness, and basic human dignity.
LEGISLATIVE HISTORY:
New legislation.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9033
2025-2026 Regular Sessions
IN ASSEMBLY
September 5, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to enacting the "extreme weather tenant protection act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "extreme weather tenant protection act".
3 § 2. Legislative findings and intent. The legislature hereby finds and
4 declares that:
5 1. Extreme weather conditions, including excessive heat, pose grave
6 risks to the health, safety, and welfare of residents of the state of
7 New York.
8 2. Since 2017, more than 7,500 New York city households have been
9 evicted on days when temperatures exceeded ninety (90) degrees Fahren-
10 heit, disproportionately affecting low-income and heat-vulnerable commu-
11 nities.
12 3. Medical and public health data show that extreme heat contributes
13 to hundreds of premature deaths annually in New York city, and sudden
14 displacement during such conditions increases the risk of heat illness,
15 dehydration, and death.
16 4. Current suspension of evictions by law enforcement agencies during
17 extreme weather has been ad hoc, informal, and unannounced, leaving
18 tenants without clear protections.
19 5. Several jurisdictions, including Maryland, Sonoma County (Califor-
20 nia), and Cook County (Illinois), have enacted laws pausing evictions
21 during severe weather, demonstrating the feasibility and necessity of
22 formal statutory protection.
23 6. It is therefore the intent of this act to establish a statewide,
24 formal moratorium on residential evictions during periods of extreme
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13648-01-5
A. 9033 2
1 weather, including excessive heat, while preserving landlords' rights to
2 pursue lawful remedies once such conditions have subsided.
3 § 3. The real property actions and proceedings law is amended by
4 adding a new section 753-a to read as follows:
5 § 753-a. Extreme weather condition eviction moratoriums. 1. For the
6 purposes of this section, the term "extreme weather condition" shall
7 mean:
8 (a) (i) any period for which the national weather service has issued
9 an official warning or advisory for excessive heat, defined as a fore-
10 casted heat index or real-feel temperature of ninety degrees Fahrenheit
11 or higher; or
12 (ii) any period for which the governor has declared a state of emer-
13 gency under section twenty-eight of the executive law related to extreme
14 cold, storm, flood, wildfire smoke, or other severe weather event; and
15 (b) the seventy-two hour period following a period under paragraph (a)
16 of this subdivision.
17 2. (a) In a proceeding to recover possession of a premises occupied
18 for dwelling purposes, other than a room or rooms in a hotel occupied by
19 a transient occupant for less than thirty days, the court shall not
20 issue a warrant pursuant to section seven hundred forty-nine of this
21 article with an execution date during an extreme weather condition.
22 (b) At the commencement of an extreme weather condition, all pending
23 unexecuted judgments and warrants issued under this article shall auto-
24 matically be stayed through the end of such extreme weather condition.
25 No officer of the court, sheriff, marshal, or city constable shall
26 execute or enforce a warrant of eviction or writ of possession upon a
27 residential tenant during an extreme weather condition.
28 3. During an extreme weather condition, a tenant against whom a judg-
29 ment and warrant have been issued shall maintain the same rights and
30 obligations as were held prior to the issuance of such judgment and
31 warrant. Such obligations shall include the obligation to tender rent
32 for use and occupancy at the last lawful rate previously agreed to by
33 the parties or set by the court, subject to any abatement, offset, or
34 reduction to which the tenant is lawfully entitled. Such rights shall
35 include, but are not limited to, the right to livable, safe, and sani-
36 tary premises, the right to be free from discrimination, harassment, and
37 retaliation, the right to bring legal action in any appropriate forum
38 with respect to the violation of such rights, and all other rights and
39 protections afforded to tenants and occupants by local, state, and
40 federal law. For the purposes of this section, "tenant" shall have the
41 same meaning as provided in section seven hundred eleven of this arti-
42 cle.
43 4. Nothing in this section shall be construed to:
44 (a) cancel, forgive, or permanently stay any lawful judgment of
45 eviction;
46 (b) prohibit a landlord from initiating or continuing eviction
47 proceedings, provided that no physical removal of a tenant shall occur
48 during the moratorium period established under this section.
49 5. (a) Any eviction carried out in violation of this section shall be
50 deemed void and unenforceable.
51 (b) A tenant unlawfully removed during an extreme weather condition
52 shall have a private right of action for damages, costs, and reasonable
53 attorney's fees.
54 (c) The attorney general shall have concurrent authority to bring an
55 action to enforce compliance with this section.
A. 9033 3
1 6. The office of court administration, in consultation with the divi-
2 sion of housing and community renewal and local governments, shall issue
3 public notice of a suspension of evictions under this section by posting
4 on official websites, notifying legal services organizations, and alert-
5 ing affected communities.
6 § 4. This act shall take effect immediately.
