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Bill

S 9912

Establishes the tenant power act

2025 Regular Session Introduced by Kristen Gonzalez and 1 co-sponsor

Establishes a state-supported Tenant Power Act enabling tenant unions to organize, elect representatives, negotiate with landlords, and access a dedicated fund and statewide associ

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Bill Summary · S 9912

Overview

Senate Bill S. 9912 (2025-2026 Session, New York) — Introduced by Senator Salazar with co-sponsors — would create the Tenant Power Act. The bill establishes a framework for tenant organizing through tenant unions, a statewide tenant association, and a dedicated fund to support tenant organizing and activities. It amends the Real Property Law and the State Finance Law and provides a funding appropriation to implement its provisions.

Main purpose and intent

  • To empower tenants to organize into democratically governed tenant unions and to enable these unions to engage with landlords on issues of common concern.
  • To establish a statewide tenant association that supports on-the-ground tenant organizing and serves as a coordinating body for tenant unions and organizations.
  • To create a dedicated fund (Statewide Tenant Association Fund) to finance organizing, technical support, and related activities.

Key provisions and changes

Creation of new article: Tenant Power Act (Real Property Law, Article 7-B)

  • Defines terms (e.g., tenant union, tenant bargaining representative, statewide tenant association, subject premises, major decisions, records, etc.) to regulate and standardize tenant organizing activities.
  • Establishes the concept of a “tenant bargaining representative” chosen by a tenant union to meet and confer with landlords over issues of common concern.
  • Permits two or more-unit buildings’ tenants to form a tenant union by filing a petition with the statewide tenant association and the Department of State. Petitions must include a sworn statement that the union is not coordinating with the landlord.
  • Mandates landlords to confer in good faith with recognized tenant unions and attend quarterly meetings upon written request, with scheduling and non-interference rules.
  • Requires landlords to post notices informing tenants of their rights and the statewide tenant association’s contact information.
  • Allows tenants to raise issues directly with landlords outside of union processes and protects against retaliation.
  • Sets conditions for maintaining a tenant union (recertification every four years or dissolution by majority tenant filing).
  • Grants tenant unions powers to:
    • Elect leadership and draft bylaws (registered with the statewide association).
    • Collect dues and fund organizing activities.
    • Affiliate with other unions/organizations.
    • Collect information from landlords (rent rolls, properties owned, principal names, financials, taxes, etc.).
    • Designate a tenant bargaining representative to negotiate with landlords.
  • Outlines member rights (assembly, expression, candidacy rights, equal participation, private right of action for enforcement against landlords, access to landlord information).
  • Provides a three-month advance notice requirement for landlords before major decisions affecting tenants; permits negotiations during this period; and restricts evictions related to such major decisions (six-month moratorium, with exceptions).
  • Prohibits landlords from interfering with the existence or functioning of a tenant union once filed; creates a mechanism to track violations.
  • On change of ownership, the new owner inherits duties toward the tenant union.
  • Requires landlords to notify a tenant union and the statewide association about summary eviction proceedings (20-day notice, absent nuisance exceptions).
  • Clarifies that a tenant bargaining representative not part of the union retains rights.

Statewide tenant association (Section 239-k)

  • Establishes a statewide tenant association comprised of tenants, tenant unions, and tenant organizations.
  • Automatically confers membership on established tenant unions and all residential tenants unless a decline is filed.
  • Creates a 15-member board of directors with geographic diversity (at least five outside NYC), with specific appointment slates:
    • Four tenant-members (appointed by Governor, Assembly Speaker, and Senate President).
    • Six representatives from tenant advocacy/organizing/legal services groups (mix of priorities and budgets, including at least one with smaller capacity and one larger organization).
    • Three policy-focused professionals (two policy specialists appointed by the Temporary President of the Senate; one tenants’ rights attorney; one unhoused advocate; one public-sector labor representative) with specified appointment paths.
  • Board terms: initial four-year terms for gubernatorial appointees; three-year terms for others.
  • Board duties include: bylaws, staffing, budgeting, supporting organizing, collecting information, issuing reports, convening hearings, advising agencies, and allocating funds from the statewide tenant association fund.

Relationship to housing litigation and enforcement

  • Requires petitions in real property actions to reference whether a tenant union exists and whether the landlord has conferred as required.
  • Establishes enforcement mechanisms: if a landlord fails to confer in good faith or comply with notice and information requirements, tenant unions or members may bring court actions; prevailing parties may recover attorney’s fees.
  • Grants potential rent abatements as damages for noncompliance; preserves tenants’ rights to withhold rent or seek repairs under existing law.
  • Prohibits rent increases or restricts actions against tenants following findings of interference until remedies are provided or a recognized union is reestablished.

Funding and timeline

  • Appropriation: $50 million (as needed) is authorized to the Division of Housing and Community Renewal (DHCR) for the state-purpose account to implement the act.
  • Statewide Tenant Association Fund (new): Created under the State Finance Law (section 99-uu) to hold revenues from the act and other sources, manage disbursements, and fund the association’s work.
    • Annual reporting requirements: by February 1, annual reports on fund use, recipients, award amounts, and a financial plan.
    • Comptroller certification of fund deposits by February 1 each year.
  • Effective date: The act takes effect 60 days after becoming law.

Who would be affected

  • Tenants in buildings with two or more units eligible to form tenant unions.
  • Landlords, property owners, developers, and management companies who must engage in good-faith conferencing and disclose information when required.
  • Tenant unions and statewide tenant association as organizations with new governance structures, powers, and funding.
  • Tenant bargaining representatives and related advocacy/legal services groups involved in tenant organizing.
  • Entities involved in real property actions and proceedings, as their petitions must reflect the existence and conduct of tenant unions.

Potential impact

  • Creates a formal, state-supported framework for tenant organizing and collective bargaining with landlords.
  • Aims to reduce tenant-landlord friction by mandating structured, good-faith negotiations and documented processes.
  • Establishes dedicated funding and reporting requirements to sustain organizing activities and information sharing.
  • Could shift balance of power toward tenant unions in building-level negotiations and influence state-level housing policy through the statewide association.

Note: This summary focuses on the bill’s stated provisions and potential impacts based on the text provided.

Compiled from official sources — confirm details with the bill’s official record.

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