Bill Text: NY S04970 | 2017-2018 | General Assembly | Amended
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 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S04970 Detail]
Download: New_York-2017-S04970-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4970--A 2017-2018 Regular Sessions IN SENATE March 3, 2017 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08746-09-7S. 4970--A 2 1 section two of such law), a residential health care facility (as defined 2 in section two thousand eight hundred one of the public health law), or 3 a housing unit which receives substantial assistance of grants, loans or 4 subsidies from any federal, state or local agency or instrumentality, or 5 any not-for-profit philanthropic organization one of whose primary 6 purposes is providing low or moderate income housing, or in less expen- 7 sive premises in a housing project or complex erected for the specific 8 purpose of housing senior citizens or persons with disabilities, to 9 terminate such lease or rental agreement and quit and surrender 10 possession of the leasehold premises, and of the land so leased or occu- 11 pied; and to release the lessee or tenant from any liability to pay to 12 the lessor or owner, rent or other payments in lieu of rent for the time 13 subsequent to the date of termination of such lease in accordance with 14 subdivision two of this section; and to adjust to the date of surrender 15 any rent or other payments made in advance or which have accrued by the 16 terms of such lease or rental agreement. 17 2. (a) Any lease or rental agreement covered by paragraph (a) of 18 subdivision one of this section may be terminated by notice in writing 19 delivered to the lessor or owner or to the lessor's or owner's agent by 20 a lessee or tenant. Such termination shall be effective no earlier than 21 thirty days after the date on which the next rental payment subsequent 22 to the date when such notice is delivered is due and payable. Such 23 notice shall be accompanied by a documentation of the physician's 24 certification, accompanied by a notarized statement from a family member 25 stating that the senior citizen is related, and will be moving into 26 their place of residence for a period of not less than six months or 27 admission or pending admission to a facility set forth in subdivision 28 one of this section. Such notice shall be deemed delivered five days 29 after mailing. Documentation of admission or pending admission shall 30 consist of a copy of an executed lease or contract between the lessee or 31 tenant and a facility set forth in subdivision one of this section. 32 (b) Any lease or rental agreement covered by paragraph (b) of subdivi- 33 sion one of this section may be terminated by notice in writing deliv- 34 ered to the lessor or owner or to the lessor's or owner's agent by a 35 lessee or tenant. Such termination shall be effective no earlier than 36 thirty days after the date on which the next rental payment subsequent 37 to the date when such notice is delivered is due and payable. Such 38 notice shall be accompanied by a documentation of the physician's 39 certification. Such notice shall be deemed delivered five days after 40 mailing. Documentation of admission or pending admission shall consist 41 of a copy of an executed lease or contract between the lessee or tenant 42 and a facility set forth in subdivision one of this section. 43 3. Any person who shall knowingly seize, hold, or detain the personal 44 effects, clothing, furniture or other property of any person who has 45 lawfully terminated a lease or rental agreement covered by this section 46 or the spouse or dependent of any such person, or in any manner inter- 47 feres with the removal of such property from the premises covered by 48 such lease or rental agreement, for the purpose of subjecting or 49 attempting to subject any of such property to a purported claim for rent 50 accruing subsequent to the date of termination of such lease or rental 51 agreement, or attempts so to do, shall be guilty of a misdemeanor and 52 shall be punished by imprisonment not to exceed one year or by fine not 53 to exceed one thousand dollars, or by both such fine and imprisonment. 54 3-a. Each owner or lessor of a facility or unit into which a lessee or 55 tenant is entitled to move after quitting and surrendering as provided 56 for herein shall in writing, upon an application, notify prospectiveS. 4970--A 3 1 tenants of the provision of this section. Such notice shall include, in 2 plain and simple English, in conspicuous print of at least eighteen 3 point type, an explanation of a tenants right to terminate the existing 4 lease and all other applicable requirements and duties relating thereto. 5 Such notice shall read as follows: 6 NOTICE [TO SENIOR CITIZENS]: 7 RESIDENTIAL LEASE TERMINATION 8 SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS 9 FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS OR INDI- 10 VIDUALS WITH A DISABILITY MOVING TO A RESIDENCE OF A FAMILY MEMBER OR 11 ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUS- 12 ING PROJECTS. 13 Who is eligible? 14 Any lessee or tenant who is age sixty-two years or older, 15 or who will attain such age during the term of the lease or rental 16 agreement, 17 or an individual with a "disability", as defined in subdivision 18 21 of section 292 of the executive law, 19 or a spouse or dependent of such person residing with him or her. 20 What kind of facilities does this law apply to? 21 This law will apply if the senior citizen or individual with a disa- 22 bility is relocating to: 23 A. An adult care facility; 24 B. A residential health care facility; 25 C. Subsidized low income housing; 26 D. Senior citizen housing; or 27 E. A residence of a family member. 28 What are the responsibilities of the rental property owner? 29 When the tenant gives notice of his or her opportunity to move into 30 one of the above facilities the landlord must allow: 31 A. for the termination of the lease or rental agreement, and 32 B. the release of the tenant from any liability to pay rent or other 33 payments in lieu of rent from the termination of the lease in accordance 34 with section 227-a of the real property law, to the time of the original 35 termination date, and 36 C. to adjust any payments made in advance or payments which have 37 accrued by the terms of such lease or rental agreement. 38 How do you terminate the lease? 39 If the tenant can move into one of the specified facilities, he or she 40 must terminate the lease or agreement in writing no earlier than thirty 41 days after the date on which the next rental payment (after the notice 42 is delivered) is due and payable. The notice is deemed delivered five 43 days after being mailed. The written notice must include documentation 44 of admission or pending admission to one of the above mentioned facili- 45 ties. 46 For example: Mail the notice: May 5th 47 Notice received: May 10th 48 Next rental payment due: June 1st 49 Termination effective: July 1st 50 Will the landlord face penalties if he or she does not comply? 51 Yes, according to section 227-a of the real property law, if anyone 52 interferes with the removal of your property from the premises they will 53 be guilty of a misdemeanor and will be either imprisoned for up to one 54 year or fined up to $1000.00 or both.S. 4970--A 4 1 4. Any agreement by a lessee or tenant of premises occupied for dwell- 2 ing purposes waiving or modifying his or her rights as set forth in this 3 section shall be void as contrary to public policy. 4 § 2. This act shall take effect immediately and shall apply to any 5 leases or rental agreements entered into on and after such date.
