Bill Text: NY S02592 | 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 10-0)

Status: (Introduced) 2019-01-28 - REFERRED TO AGING [S02592 Detail]

Download: New_York-2019-S02592-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2592
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced by Sens. STEWART-COUSINS, LIU, MAYER, SEPULVEDA -- read twice
          and ordered printed, and when printed to be committed 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
    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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00694-01-9

        S. 2592                             2
     1  sixty-five years of age and/or are  persons  with  disabilities  of  the
     2  filing  of  such action.   The lessor shall also notify at such time any
     3  village, town, city and county, except counties inside the city  of  New
     4  York,  in  which  such  rental building is located of the filing of such
     5  action. While such action  is  pending,  the  lessor  shall  notify  any
     6  prospective  lessee  or tenant prior to the signing of a lease for prem-
     7  ises in such rental building of the pendency of such action.
     8    2. Notwithstanding any provision to the contrary, a lessor of a rental
     9  building where substantially all of the  lessees  or  tenants  occupying
    10  units in the rental building are over sixty-five years of age and/or are
    11  persons  with  disabilities  may  not  increase  the rent in such rental
    12  building by more than one percent above the  percentage  change  in  the
    13  consumer  price  index  since  the  start  of the tenancy or most recent
    14  renewal, whichever is more recent at the time of renewal of a lease  and
    15  may not increase the rent more than one time annually.
    16    3.  Every  lessor  of  rental buildings where substantially all of the
    17  lessees or tenants occupying units are  over  sixty-five  years  of  age
    18  and/or  are  persons with disabilities, shall notify prospective tenants
    19  of the provision of this section. Such notice shall be in writing,  upon
    20  the  rental application, and shall include, in plain and simple English,
    21  in conspicuous print of at least eighteen point type, an explanation  of
    22  a  tenant's  rights under this section and all other applicable require-
    23  ments and duties relating thereto.
    24  Such notice shall read as follows:
    25          NOTICE TO SENIOR CITIZENS AND/OR PERSONS WITH DISABILITIES:
    26                              BUILDING TENANCY
    27       SECTION 228-A OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK
    28     PROHIBITS A LESSOR FROM TERMINATING OR FAILING TO RENEW A LEASE OR
    29     TENANCY FOR PREMISES IN CERTAIN HOUSING FOR SENIOR CITIZENS AND/OR
    30                PERSONS WITH DISABILITIES, EXCEPT FOR CAUSE.
    31        (CONSULT SECTION 228-A OF THE REAL PROPERTY LAW FOR SPECIFIC
    32                         INFORMATION AND CRITERIA.)
    33    4. Any lessor who violates the provisions of  this  section  shall  be
    34  liable  to  the  lessee or tenant affected thereby for reasonable costs,
    35  including reasonable attorney's fees, which  fees  shall  be  taxed  and
    36  collected  as  a part of the costs in the action, and for the reasonable
    37  expenses incurred by the affected lessee or tenant in  relocating  to  a
    38  new  residence.  Additionally,  lessors shall return initiation fees and
    39  security deposits to lessees or tenants, where appropriate.   An  action
    40  to  recover  for such loss, damage or injury may be brought in any court
    41  of competent jurisdiction by the affected tenant or lessee.
    42    5. As used in this section:
    43    (a) "lessor" means the owner or landlord of a rental building, or  his
    44  or her agent;
    45    (b)  "person  with  a disability" means an individual who is currently
    46  receiving social security disability insurance  (SSDI)  or  supplemental
    47  security  income (SSI) benefits under the federal social security act or
    48  disability pension or disability compensation benefits provided  by  the
    49  United  States department of veterans affairs or those previously eligi-
    50  ble by virtue of receiving disability benefits  under  the  supplemental
    51  security  income  program  or the social security disability program and
    52  currently receiving medical assistance benefits based  on  determination
    53  of  disability  as  provided  in  section three hundred sixty-six of the
    54  social services law;
    55    (c) "rental building" means twenty or more residential units; and

        S. 2592                             3
     1    (d) "substantially all" means approximately eighty percent or more  of
     2  the  lessees  or  tenants occupying units in a rental building, provided
     3  that the court need not rely on a strict percentage when, in its  deter-
     4  mination, the interests of justice warrant it.
     5    § 2. This act shall take effect immediately.
feedback