Bill Text: NY S08188 | 2019-2020 | General Assembly | Introduced

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Bill Title: Permits the early termination of a lease by a tenant during a state of emergency where the tenant is required to vacate an area containing such property; the tenant loses his or her employment; or the tenant can no longer attend school, college, or university due to a sudden closure of such educational institution.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-04-13 - REFERRED TO JUDICIARY [S08188 Detail]

Download: New_York-2019-S08188-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8188

                    IN SENATE

                                     April 13, 2020
                                       ___________

        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  permitting  the
          early termination of a lease by a tenant during a state of emergency

          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  227-g to read as follows:
     3    § 227-g. Termination of residential lease during a state of emergency.
     4  1.  In  any  lease  or  rental  agreement covering premises occupied for
     5  dwelling purposes, where the tenant of such property no longer  requires
     6  use of the property for reasons including, but not limited to, the cause
     7  of  a declared state of emergency causing: (a) the tenant to be required
     8  to vacate an area containing such property; (b) the tenant to  lose  his
     9  or her employment; or (c) the tenant no longer be able to attend school,
    10  college,  or  university  due  to  a  sudden closure of such educational
    11  institution, such tenant shall be permitted to terminate such  lease  or
    12  rental  agreement  and  quit  and  surrender possession of the leasehold
    13  premises and the land so leased or occupied pursuant to  the  provisions
    14  of  this  section  and  to  be released from any liability to pay to the
    15  lessor or owner, rent or other payments in lieu of  rent  for  the  time
    16  subsequent  to  the date of termination of such lease in accordance with
    17  subdivision two of this section.
    18    2. Any lease or rental agreement covered by subdivision  one  of  this
    19  section  may  be terminated by notice in writing delivered to the lessor
    20  or owner or to the lessor's or owner's agent  by  a  lessee  or  tenant.
    21  Unless the lease or rental agreement provides for an earlier termination
    22  date,  such  termination  shall be effective no earlier than thirty days
    23  after the date on which the next rental payment subsequent to  the  date
    24  when  such  notice is delivered is due and payable. Such notice shall be
    25  accompanied by documentation of the reasons the tenant of such  property
    26  no  longer  requires  use  of  the property. Such notice shall be deemed
    27  delivered five days after mailing.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16089-02-0
        S. 8188                             2

     1    3. Any person who shall knowingly seize, hold, or detain the  personal
     2  effects,  clothing,  furniture  or  other property of any person who has
     3  lawfully terminated a lease or rental agreement covered by this  section
     4  or  the  spouse or dependent of any such person, or in any manner inter-
     5  feres  with  the  removal  of such property from the premises covered by
     6  such lease or  rental  agreement,  for  the  purpose  of  subjecting  or
     7  attempting to subject any of such property to a purported claim for rent
     8  accruing  subsequent  to the date of termination of such lease or rental
     9  agreement, or attempts so to do, shall be guilty of  a  misdemeanor  and
    10  shall  be punished by imprisonment not to exceed one year or by fine not
    11  to exceed one thousand dollars, or by both such fine and imprisonment.
    12    4. Upon termination:
    13    (a) If the terminating tenant is the sole  leaseholder,  the  premises
    14  shall be delivered to the lessor or owner:
    15    (i) free of all tenants and occupants; and
    16    (ii) in accordance with the terms of the lease relating to delivery of
    17  the premises at the termination of the lease.
    18    (b)  If  there  are  tenants  on  the lease other than the terminating
    19  tenant:
    20    (i) the landlord shall not, except upon  consent  of  such  additional
    21  tenants,  terminate  or sever the co-tenancy. The landlord shall provide
    22  the remaining tenants at least thirty days from the termination date  to
    23  decide whether to consent to a termination or severance.
    24    (ii)  the  remaining  co-tenant or co-tenants hold the right to add an
    25  additional occupant as defined by paragraph (b) of  subdivision  one  of
    26  section two hundred thirty-five-f of this article.
    27    5. Any agreement by a lessee or tenant of premises occupied for dwell-
    28  ing purposes waiving or modifying his or her rights as set forth in this
    29  section shall be void as contrary to public policy.
    30    § 2. This act shall take effect immediately.