Bill Text: NY A00046 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the termination of tenancy in housing occupied by substantially all persons over sixty-five years of age and/or persons with disabilities without cause; prohibits increasing rent more than one percent above the percentage change.

Spectrum: Partisan Bill (Democrat 24-1)

Status: (Introduced - Dead) 2020-01-08 - referred to aging [A00046 Detail]

Download: New_York-2019-A00046-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           46
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. BUCHWALD, M. G. MILLER, ABINANTI, SOLAGES, GOTT-
          FRIED,  SIMON,  MOSLEY,  BLAKE,  SEAWRIGHT,  CAHILL,  JAFFEE,  JOYNER,
          PEOPLES-STOKES,   HYNDMAN,  BICHOTTE,  ORTIZ,  STECK,  OTIS,  BARRETT,
          WILLIAMS, BARNWELL -- Multi-Sponsored by -- M.  of  A.  COOK,  GIGLIO,
          GLICK, LENTOL -- read once and referred to the Committee on Aging
        AN  ACT  to  amend the real property law, in relation to prohibiting the
          termination of tenancy in certain housing occupied by senior  citizens
          and/or persons with disabilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The real property law is amended by adding  a  new  section
     2  228-a to read as follows:
     3    §  228-a.  Tenancy  in rental buildings; senior citizens; persons with
     4  disabilities.  1. Notwithstanding the provisions of section two  hundred
     5  twenty-eight  of this article or any other provision to the contrary, if
     6  substantially all of the lessees or tenants occupying units in a  rental
     7  building  are over sixty-five years of age and/or are persons with disa-
     8  bilities, the lessor may not terminate or fail  to  renew  a  lease  for
     9  premises  in  such building or terminate a tenancy at will or at suffer-
    10  ance, except for cause involving actions of the tenant that violate  the
    11  terms  of  the lease, such as the non-payment of rent, without the prior
    12  approval of a court of competent jurisdiction.   In determining  whether
    13  to  grant approval, the court shall consider factors including:  whether
    14  the lessor is operating the rental building at a  profit  or  loss;  the
    15  need  for  any  major  capital  repairs  or  improvements that cannot be
    16  performed while the tenants  are  in  occupancy;  any  written  or  oral
    17  representations  made by the lessor to tenants about how long they could
    18  remain in occupancy;  any  alternative  housing  being  offered  by  the
    19  lessor,  the  number  of  affected  tenants;  and the length of time the
    20  affected tenants have lived in their apartments. At the time  of  filing
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00694-01-9

        A. 46                               2
     1  any action affecting more than one lease and seeking such prior approval
     2  from  a court of competent jurisdiction, the lessor shall notify all the
     3  lessees and tenants occupying units in the rental building that are over
     4  sixty-five  years  of  age  and/or  are persons with disabilities of the
     5  filing of such action.  The lessor shall also notify at  such  time  any
     6  village,  town,  city and county, except counties inside the city of New
     7  York, in which such rental building is located of  the  filing  of  such
     8  action.  While  such  action  is  pending,  the  lessor shall notify any
     9  prospective lessee or tenant prior to the signing of a lease  for  prem-
    10  ises in such rental building of the pendency of such action.
    11    2. Notwithstanding any provision to the contrary, a lessor of a rental
    12  building  where  substantially  all  of the lessees or tenants occupying
    13  units in the rental building are over sixty-five years of age and/or are
    14  persons with disabilities may not  increase  the  rent  in  such  rental
    15  building  by  more  than  one percent above the percentage change in the
    16  consumer price index since the start  of  the  tenancy  or  most  recent
    17  renewal,  whichever is more recent at the time of renewal of a lease and
    18  may not increase the rent more than one time annually.
    19    3. Every lessor of rental buildings where  substantially  all  of  the
    20  lessees  or  tenants  occupying  units  are over sixty-five years of age
    21  and/or are persons with disabilities, shall notify  prospective  tenants
    22  of  the provision of this section. Such notice shall be in writing, upon
    23  the rental application, and shall include, in plain and simple  English,
    24  in  conspicuous print of at least eighteen point type, an explanation of
    25  a tenant's rights under this section and all other  applicable  require-
    26  ments and duties relating thereto.
    27  Such notice shall read as follows:
    28          NOTICE TO SENIOR CITIZENS AND/OR PERSONS WITH DISABILITIES:
    29                              BUILDING TENANCY
    30       SECTION 228-A OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK
    31     PROHIBITS A LESSOR FROM TERMINATING OR FAILING TO RENEW A LEASE OR
    32     TENANCY FOR PREMISES IN CERTAIN HOUSING FOR SENIOR CITIZENS AND/OR
    33                PERSONS WITH DISABILITIES, EXCEPT FOR CAUSE.
    34        (CONSULT SECTION 228-A OF THE REAL PROPERTY LAW FOR SPECIFIC
    35                         INFORMATION AND CRITERIA.)
    36    4.  Any  lessor  who  violates the provisions of this section shall be
    37  liable to the lessee or tenant affected thereby  for  reasonable  costs,
    38  including  reasonable  attorney's  fees,  which  fees shall be taxed and
    39  collected as a part of the costs in the action, and for  the  reasonable
    40  expenses  incurred  by  the affected lessee or tenant in relocating to a
    41  new residence. Additionally, lessors shall return  initiation  fees  and
    42  security  deposits  to lessees or tenants, where appropriate.  An action
    43  to recover for such loss, damage or injury may be brought in  any  court
    44  of competent jurisdiction by the affected tenant or lessee.
    45    5. As used in this section:
    46    (a)  "lessor" means the owner or landlord of a rental building, or his
    47  or her agent;
    48    (b) "person with a disability" means an individual  who  is  currently
    49  receiving  social  security  disability insurance (SSDI) or supplemental
    50  security income (SSI) benefits under the federal social security act  or
    51  disability  pension  or disability compensation benefits provided by the
    52  United States department of veterans affairs or those previously  eligi-
    53  ble  by  virtue  of receiving disability benefits under the supplemental
    54  security income program or the social security  disability  program  and
    55  currently  receiving  medical assistance benefits based on determination

        A. 46                               3
     1  of disability as provided in section  three  hundred  sixty-six  of  the
     2  social services law;
     3    (c) "rental building" means twenty or more residential units; and
     4    (d)  "substantially all" means approximately eighty percent or more of
     5  the lessees or tenants occupying units in a  rental  building,  provided
     6  that  the court need not rely on a strict percentage when, in its deter-
     7  mination, the interests of justice warrant it.
     8    § 2. This act shall take effect immediately.
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