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An Albany judge recently declared New York state regulators’ attempt to ban tenants from paying landlords’ broker fees an “error of law.” The decision comes more than a year after the Department of State issued guidance banning the practice. That guidance offered regulators’ interpretation of the Housing Stability and Tenant Protection Act (HSTPA), which became law in June 2019.

Governor Andrew M. Cuomo, Senate Majority Leader Andrea Stewart-Cousins, and Assembly Speaker Carl Heastie recently announced an agreement on the FY2022 New York State Budget. The 2021-2022 State Budget includes $2.4 billion for the creation of a COVID-19 Emergency Rental Assistance Program. The program is funded by $2.3 billion in federal resources and $100 million of state resources to supplement the core program and target those facing hardship who may not otherwise be eligible.

Five small landlords have sued New York Attorney General Letitia James. Attorneys for the group are arguing that the hardship declaration form is “unconstitutional compelled speech,” because it forces landlords to, in effect, voice support for a policy that is “squarely adverse” to their interests. The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 was signed into law by the governor on Dec. 28, 2020.

The DOB recently announced the launch of a seven-week façade and scaffold safety blitz. This campaign includes direct educational outreach to construction workers and industry professionals on scaffold safety, as well as inspection sweeps on façade work sites across the five boroughs. DOB inspectors will also now give construction contractors a detailed checklist of any deficiencies found with their scaffolding setup following required corner/angle scaffold safety inspections.

Housing advocates and Sen. Michael Gianaris (D-Queens) are calling for $2.2 billion to help struggling tenants and small landlords. Gianaris recently sent a letter calling on Gov. Cuomo to establish a Housing Stability Relief fund to pay owners for rent arrears and clear the debt of approximately 1.3 million households unable to make rent payments in the pandemic. Gianaris is the No. 2-ranked Democrat in the state Senate.

New York Attorney General Letitia James recently announced agreements with an owner and a security firm over repeated violations of rent stabilization laws. The agreements resolve violations relating to the modification of a front door lock of the rent-stabilized building located in Flushing, Queens, which ultimately led to several of the building’s mostly Chinese tenants forfeiting their rent-stabilized apartments.

As part of his 2021 agenda, the governor will propose legislation codifying and extending the moratorium on COVID-related commercial evictions. Governor Cuomo will also propose legislation to codify protections the state has provided tenants by Executive Order. The State of the State proposals are the first step in defining the governor's agenda in 2021.

In his 11^th State of the State address, Governor Cuomo proposed legislation that would open a five-year window for the conversion of office buildings and hotels into residential use. "The housing problem in our cities has gotten worse. But the crisis of growing vacancies in our commercial property provides an opportunity," Cuomo said. "We should convert vacant commercial space to supportive and affordable housing and we should do it now."

On Dec. 28, the New York legislature convened in a special session to extend the eviction moratorium until at least May. Governor Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 into law, which went into effect immediately.

We previously reported that the first cycle filing window for NYC Local Law 152 of 2016, which requires the inspection of gas piping systems at least once every four years, was on Dec. 31, 2020—unless the City Council passes a bill to extend the deadline. In December, the City Council approved the proposed extension with Int. 2151-B.