Legislative Update-September/October

State Supreme Court strikes down Albany “Good Cause” eviction law
On June 30, State Supreme Court judge Christina Ryba ruled that the City of Albany’s “good cause” eviction law (Local Law F) was null and void. In the decision, Judge Ryba wrote that state law preempts two main sections of the Albany law, the sections dealing with “necessity for good cause” and “grounds for removal of tenants.”

Judge Ryba wrote in her opinion, “Local Law F expands the rights of a tenant by specifically stating ‘notwithstanding that the tenant has no written lease or that the lease of other rental agreement has expired or otherwise terminated’ the landlord must establish ‘good cause’ in order to evict the tenant,” Ryba wrote. “The court finds that imposing a ‘good cause’ requirement as a prerequisite to eviction when the tenant has no valid lease is in direct conflict with [state law].”

The City of Albany has appealed the decision to the NYS Supreme Court Appellate Division Third Judicial Department. A date for the hearing has yet to be scheduled.

House passes remote online notarization bill
On July 27, the House of Representatives passed the NAR-supported Secure Notarization Act, a bipartisan bill that would federally expand the availability of remote online notarization nationwide. The legislation now goes to the Senate for consideration. Remote online notarization allows a notary and signer in different physical locations to safely and securely execute electronic documents using two-way audiovisual communication. New York State passed new permanent remote notarization legislation, which NYSAR advocated in support of, that went into effect in February 2022 with a new registration process going into effect on January 31, 2023. More information and FAQ section can be found on New York’s Department of State site https://dos.ny.gov/notary-public