Bill Text: NY A10258 | 2019-2020 | General Assembly | Introduced
Bill Title: Permits the early termination of a lease by a tenant during a state of emergency where the tenant is required to vacate an area containing such property; the tenant loses his or her employment; or the tenant can no longer attend school, college, or university due to a sudden closure of such educational institution.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2020-04-08 - referred to housing [A10258 Detail]
Download: New_York-2019-A10258-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10258 IN ASSEMBLY April 8, 2020 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Housing AN ACT to amend the real property law, in relation to permitting the early termination of a lease by a tenant during a state of emergency 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 2 227-g to read as follows: 3 § 227-g. Termination of residential lease during a state of emergency. 4 1. In any lease or rental agreement covering premises occupied for 5 dwelling purposes, where the tenant of such property no longer requires 6 use of the property for reasons including, but not limited to, the cause 7 of a declared state of emergency causing: (a) the tenant to be required 8 to vacate an area containing such property; (b) the tenant to lose his 9 or her employment; or (c) the tenant no longer be able to attend school, 10 college, or university due to a sudden closure of such educational 11 institution, such tenant shall be permitted to terminate such lease or 12 rental agreement and quit and surrender possession of the leasehold 13 premises and the land so leased or occupied pursuant to the provisions 14 of this section and to be released from any liability to pay to the 15 lessor or owner, rent or other payments in lieu of rent for the time 16 subsequent to the date of termination of such lease in accordance with 17 subdivision two of this section. 18 2. Any lease or rental agreement covered by subdivision one of this 19 section may be terminated by notice in writing delivered to the lessor 20 or owner or to the lessor's or owner's agent by a lessee or tenant. 21 Unless the lease or rental agreement provides for an earlier termination 22 date, such termination shall be effective no earlier than thirty days 23 after the date on which the next rental payment subsequent to the date 24 when such notice is delivered is due and payable. Such notice shall be 25 accompanied by documentation of the reasons the tenant of such property 26 no longer requires use of the property. Such notice shall be deemed 27 delivered five days after mailing. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16089-02-0A. 10258 2 1 3. Any person who shall knowingly seize, hold, or detain the personal 2 effects, clothing, furniture or other property of any person who has 3 lawfully terminated a lease or rental agreement covered by this section 4 or the spouse or dependent of any such person, or in any manner inter- 5 feres with the removal of such property from the premises covered by 6 such lease or rental agreement, for the purpose of subjecting or 7 attempting to subject any of such property to a purported claim for rent 8 accruing subsequent to the date of termination of such lease or rental 9 agreement, or attempts so to do, shall be guilty of a misdemeanor and 10 shall be punished by imprisonment not to exceed one year or by fine not 11 to exceed one thousand dollars, or by both such fine and imprisonment. 12 4. Upon termination: 13 (a) If the terminating tenant is the sole leaseholder, the premises 14 shall be delivered to the lessor or owner: 15 (i) free of all tenants and occupants; and 16 (ii) in accordance with the terms of the lease relating to delivery of 17 the premises at the termination of the lease. 18 (b) If there are tenants on the lease other than the terminating 19 tenant: 20 (i) the landlord shall not, except upon consent of such additional 21 tenants, terminate or sever the co-tenancy. The landlord shall provide 22 the remaining tenants at least thirty days from the termination date to 23 decide whether to consent to a termination or severance. 24 (ii) the remaining co-tenant or co-tenants hold the right to add an 25 additional occupant as defined by paragraph (b) of subdivision one of 26 section two hundred thirty-five-f of this article. 27 5. Any agreement by a lessee or tenant of premises occupied for dwell- 28 ing purposes waiving or modifying his or her rights as set forth in this 29 section shall be void as contrary to public policy. 30 § 2. This act shall take effect immediately.
