Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities.
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.
LBD08746-09-7
S. 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 prospective
S. 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.