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A02118 Summary:

BILL NOA02118
 
SAME ASSAME AS S03891
 
SPONSORHunter
 
COSPNSRWeprin, Blake, Perry, Griffin
 
MLTSPNSR
 
Amd §227-a, RP L
 
Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities.
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A02118 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2118
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M. of A. HUNTER, WEPRIN -- read once and referred to the
          Committee on Housing
 
        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
    23  section two of such law), a residential health care facility (as defined
    24  in section two thousand eight hundred one of the public health law),  or
    25  a housing unit which receives substantial assistance of grants, loans or
    26  subsidies from any federal, state or local agency or instrumentality, or
    27  any  not-for-profit  philanthropic  organization  one  of  whose primary
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04829-01-9

        A. 2118                             2

     1  purposes is providing low or moderate income housing, or in less  expen-
     2  sive  premises  in a housing project or complex erected for the specific
     3  purpose of housing senior citizens  or  persons  with  disabilities,  to
     4  terminate  such  lease  or  rental  agreement  and  quit  and  surrender
     5  possession of the leasehold premises, and of the land so leased or occu-
     6  pied; and to release the lessee or tenant from any liability to  pay  to
     7  the lessor or owner, rent or other payments in lieu of rent for the time
     8  subsequent  to  the date of termination of such lease in accordance with
     9  subdivision two of this section; and to adjust to the date of  surrender
    10  any  rent or other payments made in advance or which have accrued by the
    11  terms of such lease or rental agreement.
    12    2. (a) Any lease or rental  agreement  covered  by  paragraph  (a)  of
    13  subdivision  one  of this section may be terminated by notice in writing
    14  delivered to the lessor or owner or to the lessor's or owner's agent  by
    15  a  lessee or tenant. Such termination shall be effective no earlier than
    16  thirty days after the date on which the next rental  payment  subsequent
    17  to  the  date  when  such  notice  is delivered is due and payable. Such
    18  notice shall be  accompanied  by  a  documentation  of  the  physician's
    19  certification, accompanied by a notarized statement from a family member
    20  stating  that  the  senior  citizen  is related, and will be moving into
    21  their place of residence for a period of not less  than  six  months  or
    22  admission  or  pending  admission to a facility set forth in subdivision
    23  one of this section. Such notice shall be  deemed  delivered  five  days
    24  after  mailing.    Documentation of admission or pending admission shall
    25  consist of a copy of an executed lease or contract between the lessee or
    26  tenant and a facility set forth in subdivision one of this section.
    27    (b) Any lease or rental agreement covered by paragraph (b) of subdivi-
    28  sion one of this section may be terminated by notice in  writing  deliv-
    29  ered  to  the  lessor  or owner or to the lessor's or owner's agent by a
    30  lessee or tenant. Such termination shall be effective  no  earlier  than
    31  thirty  days  after the date on which the next rental payment subsequent
    32  to the date when such notice is  delivered  is  due  and  payable.  Such
    33  notice  shall  be  accompanied  by  a  documentation  of the physician's
    34  certification. Such notice shall be deemed  delivered  five  days  after
    35  mailing.  Documentation  of admission or pending admission shall consist
    36  of a copy of an executed lease or contract between the lessee or  tenant
    37  and a facility set forth in subdivision one of this section.
    38    3.  Any person who shall knowingly seize, hold, or detain the personal
    39  effects, clothing, furniture or other property of  any  person  who  has
    40  lawfully  terminated a lease or rental agreement covered by this section
    41  or the spouse or dependent of any such person, or in any  manner  inter-
    42  feres  with  the  removal  of such property from the premises covered by
    43  such lease or  rental  agreement,  for  the  purpose  of  subjecting  or
    44  attempting to subject any of such property to a purported claim for rent
    45  accruing  subsequent  to the date of termination of such lease or rental
    46  agreement, or attempts so to do, shall be guilty of  a  misdemeanor  and
    47  shall  be punished by imprisonment not to exceed one year or by fine not
    48  to exceed one thousand dollars, or by both such fine and imprisonment.
    49    3-a. Each owner or lessor of a facility or unit into which a lessee or
    50  tenant is entitled to move after quitting and surrendering  as  provided
    51  for  herein  shall  in  writing, upon an application, notify prospective
    52  tenants of the provision of this section. Such notice shall include,  in
    53  plain  and  simple  English,  in  conspicuous print of at least eighteen
    54  point type, an explanation of a tenants right to terminate the  existing
    55  lease and all other applicable requirements and duties relating thereto.
    56  Such notice shall read as follows:

        A. 2118                             3

     1                         NOTICE [TO SENIOR CITIZENS]:
     2                        RESIDENTIAL LEASE TERMINATION
     3    SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
     4  FOR  THE  TERMINATION OF A 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.
     8  Who is eligible?
     9    Any lessee or tenant who is age sixty-two years or older,
    10    or who will attain such age during the term of the lease or rental
    11    agreement,
    12    or an individual with a "disability", as defined in subdivision
    13    21 of section 292 of the executive law,
    14    or a spouse or dependent of such person residing with him or her.
    15    What kind of facilities does this law apply to?
    16    This law will apply if the senior citizen or individual with  a  disa-
    17  bility is relocating to:
    18    A. An adult care facility;
    19    B. A residential health care facility;
    20    C. Subsidized low income housing;
    21    D. Senior citizen housing; or
    22    E. A residence of a family member.
    23    What are the responsibilities of the rental property owner?
    24    When  the  tenant  gives notice of his or her opportunity to move into
    25  one of the above facilities the landlord must allow:
    26    A. for the termination of the lease or rental agreement, and
    27    B. the release of the tenant from any liability to pay rent  or  other
    28  payments in lieu of rent from the termination of the lease in accordance
    29  with section 227-a of the real property law, to the time of the original
    30  termination date, and
    31    C.  to  adjust  any  payments  made  in advance or payments which have
    32  accrued by the terms of such lease or rental agreement.
    33    How do you terminate the lease?
    34    If the tenant can move into one of the specified facilities, he or she
    35  must terminate the lease or agreement in writing no earlier than  thirty
    36  days  after  the date on which the next rental payment (after the notice
    37  is delivered) is due and payable. The notice is  deemed  delivered  five
    38  days  after  being mailed. The written notice must include documentation
    39  of admission or pending admission to one of the above mentioned  facili-
    40  ties.
    41    For example: Mail the notice: May 5th
    42    Notice received: May 10th
    43    Next rental payment due: June 1st
    44    Termination effective: July 1st
    45    Will the landlord face penalties if he or she does not comply?
    46    Yes,  according  to  section 227-a of the real property law, if anyone
    47  interferes with the removal of your property from the premises they will
    48  be guilty of a misdemeanor and will be either imprisoned for up  to  one
    49  year or fined up to $1000.00 or both.
    50    4. Any agreement by a lessee or tenant of premises occupied for dwell-
    51  ing purposes waiving or modifying his or her rights as set forth in this
    52  section shall be void as contrary to public policy.
    53    §  2.  This  act  shall take effect immediately and shall apply to any
    54  leases or rental agreements entered into on and after such date.
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