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Shelley Mayer

Sponsor · State Senator, District 37 · Democratic/Working Families

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Senate bill · S10229 (2025-26)

Establishes a process for when a tenant dies and leaves an apartment unoccupied

Latest action May 7, 2026

Summary

Establishes a process for when a tenant dies and leaves an apartment unoccupied, no representative or person has taken possession of the premises, no administrator or executor has been appointed, and more than sixty days have elapsed since the date of death, a summary proceeding under this article may be commenced against the public administrator seeking a possessory judgment.

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Where it stands

Assigned to a committee for review.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Amends the Real Property Actions and Proceedings Law.

Committee

Housing, Construction And Community Development · New York State Senate

Purpose, from the sponsor's memo

Section 1 amends section 711 of the Real Property Actions and Proceedings Law to allow a landlord to bring a special proceeding to regain possession of property where the tenant has died, the apartment is unoccupied, no representative or person has taken possession of the premises, no administrator or executor has been appointed, and more than sixty days have elapsed since the date of death. Section 2 establishes the effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

The sponsor's argument

Why Shelley Mayer says this is needed

Prior to passage of the Housing Stability and Tenant Protection Act (HSTPA) (S6458/A8281) in 2019, if a tenant died and "no representative or person ha D taken possession of the premises and no administrator or executor ha D been appointed ," the landlord was allowed to bring a special proceeding to regain possession after three months from the date of death of the tenant to regain possession. Since the HSTPA eliminated this provision, landlords currently have no mechanism by which to bring a special proceeding after the death of a tenant when the apartment is unoccupied and no estate representative has been appointed. Some residences remain vacant for long periods as a result of the demise of a tenant without family, for as long as it takes to obtain the appointment of the public administrator which may take up to two years or more. Meanwhile the residence, which could house a family in need of housing, remains vacant. This bill would allow the landlord in this situation to bring a special proceeding against the public administrator to recover possession.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 7, 2026

    Referred to committee

    REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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