New York State Assembly

 
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A06954 Summary:

A06954 Actions:

A06954 Committee Votes:

Committee:HOUSING   Chair:Cymbrowitz      
DATE:05/11/2022AYE/NAY:28/0  Action: Favorable refer to committee Rules        
Cymbrowitz
Aye
Fitzpatrick
Aye
Cook
Aye
Smith
Aye
Rosenthal
Aye
Byrnes
Aye
Kim
Aye
Reilly
Aye
Walker
Aye
Schmitt
Aye
Joyner
Aye
Brown
Aye
Dilan
Aye
Jensen
Aye
Bichotte Hermel
Aye
Lawler
Aye
Davila
Aye
Niou
Aye
Taylor
Aye
Epstein
Aye
Eichenstein
Aye
Meeks
Aye
Burdick
Aye
Rivera
Aye
Jackson
Aye
Kelles
Aye
Tapia
Aye
Lucas
Aye

Committee:RULES   Chair:Heastie      
DATE:05/23/2022AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Excused

A06954 Floor Votes:

A06954 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6954--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 14, 2021
                                       ___________
 
        Introduced  by  M.  of  A. EPSTEIN, SEAWRIGHT, GOTTFRIED, SIMON, SAYEGH,
          GLICK, DAVILA, FERNANDEZ, DE LOS SANTOS,  DINOWITZ,  JACKSON  --  read
          once and referred to the Committee on Housing -- committee discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to the Committee  on  Housing  in  accordance
          with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09037-06-2
        A. 6954--C                          2
 
     1  damages or any other penalty for breach of inadequate notice as a result
     2  of terminating a lease under this section. Any notice  or  communication
     3  required or authorized to be given hereunder shall be sent by registered
     4  or  certified  mail,  return  receipt  requested. This section shall not
     5  apply to a proprietary lease, viz.: a lease to, or  held  by,  a  tenant
     6  entitled thereto by reason of ownership of stock in a corporate owner of
     7  premises  which  operates the same on a cooperative basis. Any waiver of
     8  any part of this section shall be void as against public policy.
     9    § 2. This act shall take effect on the ninetieth day  after  it  shall
    10  have become a law.