Bill Text: NY S00548 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-06-01 - SUBSTITUTED BY A458 [S00548 Detail]

Download: New_York-2023-S00548-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           548

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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  providing  a
          deceased  tenant's  legal  representative the option to terminate such
          tenant's lease upon notice to the landlord

          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  236-a to read as follows:
     3    § 236-a. Termination of lease of a  deceased  tenant.  Notwithstanding
     4  any  contrary provision contained in any lease hereafter made or renewed
     5  which affects premises demised for residential use, or partly for  resi-
     6  dential  and partly for professional use, the executor, administrator or
     7  legal representative of a deceased tenant under such a lease shall  have
     8  the  option to terminate such a lease upon notice given to the landlord.
     9  Such termination shall be effective as of the date on which the tenant's
    10  estate notifies the landlord of its election to terminate and surrenders
    11  possession of the premises. Such termination option shall be accompanied
    12  by the written consent thereto of any co-tenant  or  guarantor  of  such
    13  lease.  Nothing  in  this  section  shall  be  construed  to relieve the
    14  tenant's estate of liability for rent money or any debt  incurred  prior
    15  to  the date of termination of the lease, including damages to the prem-
    16  ises and any expenses the landlord may incur as a direct result  of  the
    17  tenant's  death, except that the tenant's estate shall not be liable for
    18  damages or any other penalty for breach of inadequate notice as a result
    19  of terminating a lease under this section. Any notice  or  communication
    20  required or authorized to be given hereunder shall be sent by registered
    21  or  certified  mail,  return  receipt  requested. This section shall not
    22  apply to a proprietary lease, viz.: a lease to, or  held  by,  a  tenant
    23  entitled thereto by reason of ownership of stock in a corporate owner of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00172-01-3
        S. 548                              2

     1  premises  which  operates the same on a cooperative basis. Any waiver of
     2  any part of this section shall be void as against public policy.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.