Bill Text: NY A00308 | 2023-2024 | General Assembly | Introduced

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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 8-0)

Status: (Introduced) 2024-01-03 - referred to housing [A00308 Detail]

Download: New_York-2023-A00308-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           308

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 4, 2023
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee 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
    21  any action affecting more than one lease and seeking such prior approval
    22  from a court of competent jurisdiction, the lessor shall notify all  the
    23  lessees and tenants occupying units in the rental building that are over
    24  sixty-five  years  of  age  and/or  are persons with disabilities of the
    25  filing of such action.  The lessor shall also notify at  such  time  any
    26  village,  town,  city and county, except counties inside the city of New
    27  York, in which such rental building is located of  the  filing  of  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01124-01-3
        A. 308                              2

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