Bill Text: NY S03891 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2019-10-03 - signed chap.320 [S03891 Detail]
Download: New_York-2019-S03891-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3891 2019-2020 Regular Sessions IN SENATE February 20, 2019 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 227-a of the real property law, as amended by chap- 2 ter 313 of the laws of 1999, subdivision 2 as separately amended by 3 chapter 314 of the laws of 1999, is amended to read as follows: 4 § 227-a. Termination of residential lease by senior citizens or indi- 5 viduals with a disability moving to a residence of a family member or 6 entering certain health care facilities, adult care facilities or hous- 7 ing projects. 1. In any lease or rental agreement covering premises 8 occupied for dwelling purposes in which a lessee or tenant has (a) 9 attained the age of sixty-two years or older, or will attain such age 10 during the term of such lease or rental agreement or (b) is an individ- 11 ual with a "disability", as defined in subdivision twenty-one of section 12 two hundred ninety-two of the executive law or a husband or wife or 13 dependent of such a person residing with him or her, there shall be 14 implied a covenant by the lessor or owner to permit such lessee or 15 tenant: [(a)] (i) who is certified by a physician as no longer able, for 16 medical reasons, to live independently in such premises and requiring 17 assistance with instrumental activities of daily living or personal 18 activities of daily living, and who will move to a residence of a member 19 of his or her family, or [(b)] (ii) who is notified of his or her oppor- 20 tunity to commence occupancy in an adult care facility (as defined in 21 subdivision twenty-one of section two of the social services law) except 22 for a shelter for adults (as defined in subdivision twenty-three of 23 section two of such law), a residential health care facility (as defined 24 in section two thousand eight hundred one of the public health law), or 25 a housing unit which receives substantial assistance of grants, loans or 26 subsidies from any federal, state or local agency or instrumentality, or 27 any not-for-profit philanthropic organization one of whose primary EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04829-01-9S. 3891 2 1 purposes is providing low or moderate income housing, or in less expen- 2 sive premises in a housing project or complex erected for the specific 3 purpose of housing senior citizens or persons with disabilities, to 4 terminate such lease or rental agreement and quit and surrender 5 possession of the leasehold premises, and of the land so leased or occu- 6 pied; and to release the lessee or tenant from any liability to pay to 7 the lessor or owner, rent or other payments in lieu of rent for the time 8 subsequent to the date of termination of such lease in accordance with 9 subdivision two of this section; and to adjust to the date of surrender 10 any rent or other payments made in advance or which have accrued by the 11 terms of such lease or rental agreement. 12 2. (a) Any lease or rental agreement covered by paragraph (a) of 13 subdivision one of this section may be terminated by notice in writing 14 delivered to the lessor or owner or to the lessor's or owner's agent by 15 a lessee or tenant. Such termination shall be effective no earlier than 16 thirty days after the date on which the next rental payment subsequent 17 to the date when such notice is delivered is due and payable. Such 18 notice shall be accompanied by a documentation of the physician's 19 certification, accompanied by a notarized statement from a family member 20 stating that the senior citizen is related, and will be moving into 21 their place of residence for a period of not less than six months or 22 admission or pending admission to a facility set forth in subdivision 23 one of this section. Such notice shall be deemed delivered five days 24 after mailing. Documentation of admission or pending admission shall 25 consist of a copy of an executed lease or contract between the lessee or 26 tenant and a facility set forth in subdivision one of this section. 27 (b) Any lease or rental agreement covered by paragraph (b) of subdivi- 28 sion one of this section may be terminated by notice in writing deliv- 29 ered to the lessor or owner or to the lessor's or owner's agent by a 30 lessee or tenant. Such termination shall be effective no earlier than 31 thirty days after the date on which the next rental payment subsequent 32 to the date when such notice is delivered is due and payable. Such 33 notice shall be accompanied by a documentation of the physician's 34 certification. Such notice shall be deemed delivered five days after 35 mailing. Documentation of admission or pending admission shall consist 36 of a copy of an executed lease or contract between the lessee or tenant 37 and a facility set forth in subdivision one of this section. 38 3. Any person who shall knowingly seize, hold, or detain the personal 39 effects, clothing, furniture or other property of any person who has 40 lawfully terminated a lease or rental agreement covered by this section 41 or the spouse or dependent of any such person, or in any manner inter- 42 feres with the removal of such property from the premises covered by 43 such lease or rental agreement, for the purpose of subjecting or 44 attempting to subject any of such property to a purported claim for rent 45 accruing subsequent to the date of termination of such lease or rental 46 agreement, or attempts so to do, shall be guilty of a misdemeanor and 47 shall be punished by imprisonment not to exceed one year or by fine not 48 to exceed one thousand dollars, or by both such fine and imprisonment. 49 3-a. Each owner or lessor of a facility or unit into which a lessee or 50 tenant is entitled to move after quitting and surrendering as provided 51 for herein shall in writing, upon an application, notify prospective 52 tenants of the provision of this section. Such notice shall include, in 53 plain and simple English, in conspicuous print of at least eighteen 54 point type, an explanation of a tenants right to terminate the existing 55 lease and all other applicable requirements and duties relating thereto. 56 Such notice shall read as follows:S. 3891 3 1 NOTICE [TO SENIOR CITIZENS]: 2 RESIDENTIAL LEASE TERMINATION 3 SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS 4 FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS OR INDI- 5 VIDUALS WITH A DISABILITY MOVING TO A RESIDENCE OF A FAMILY MEMBER OR 6 ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUS- 7 ING PROJECTS. 8 Who is eligible? 9 Any lessee or tenant who is age sixty-two years or older, 10 or who will attain such age during the term of the lease or rental 11 agreement, 12 or an individual with a "disability", as defined in subdivision 13 21 of section 292 of the executive law, 14 or a spouse or dependent of such person residing with him or her. 15 What kind of facilities does this law apply to? 16 This law will apply if the senior citizen or individual with a disa- 17 bility is relocating to: 18 A. An adult care facility; 19 B. A residential health care facility; 20 C. Subsidized low income housing; 21 D. Senior citizen housing; or 22 E. A residence of a family member. 23 What are the responsibilities of the rental property owner? 24 When the tenant gives notice of his or her opportunity to move into 25 one of the above facilities the landlord must allow: 26 A. for the termination of the lease or rental agreement, and 27 B. the release of the tenant from any liability to pay rent or other 28 payments in lieu of rent from the termination of the lease in accordance 29 with section 227-a of the real property law, to the time of the original 30 termination date, and 31 C. to adjust any payments made in advance or payments which have 32 accrued by the terms of such lease or rental agreement. 33 How do you terminate the lease? 34 If the tenant can move into one of the specified facilities, he or she 35 must terminate the lease or agreement in writing no earlier than thirty 36 days after the date on which the next rental payment (after the notice 37 is delivered) is due and payable. The notice is deemed delivered five 38 days after being mailed. The written notice must include documentation 39 of admission or pending admission to one of the above mentioned facili- 40 ties. 41 For example: Mail the notice: May 5th 42 Notice received: May 10th 43 Next rental payment due: June 1st 44 Termination effective: July 1st 45 Will the landlord face penalties if he or she does not comply? 46 Yes, according to section 227-a of the real property law, if anyone 47 interferes with the removal of your property from the premises they will 48 be guilty of a misdemeanor and will be either imprisoned for up to one 49 year or fined up to $1000.00 or both. 50 4. Any agreement by a lessee or tenant of premises occupied for dwell- 51 ing purposes waiving or modifying his or her rights as set forth in this 52 section shall be void as contrary to public policy. 53 § 2. This act shall take effect immediately and shall apply to any 54 leases or rental agreements entered into on and after such date.
