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. LBD00694-01-9S. 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; andS. 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.