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A04933 Summary:

COSPNSRMontesano, Gallahan, Salka, Brabenec
Add §236-a, RP L
Permits an executor or administrator of an estate of a tenant who dies during the term of a residential lease to terminate such lease after written notice to the landlord.
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A04933 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 9, 2021
        Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
          tee on Housing
        AN ACT to amend the real property law,  in  relation  to  terminating  a
          residential lease upon death of a tenant
          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.  Death  of tenant. 1. Notwithstanding any other provision of
     4  law, and outside a city  with  a  population  of  one  million  or  more
     5  persons,  if  the  deceased tenant is the sole tenant of the residential
     6  unit, the executor or administrator of the estate of a tenant  who  dies
     7  during  the  term of a residential lease shall have the option to termi-
     8  nate the lease upon fourteen days' written notice to the  landlord  upon
     9  the later of:
    10    (a)  the last day of the second calendar month that follows the calen-
    11  dar month in which the tenant died; or
    12    (b) surrender of the rental unit and removal of all  of  the  tenant's
    13  personal property.
    14    2.  Nothing in this section shall be construed to relieve the tenant's
    15  estate of liability for rent money or any other debt incurred  prior  to
    16  the  date of termination of the lease, including damages to the premises
    17  and any expenses the landlord may  incur  as  a  direct  result  of  the
    18  tenant's  death, except that the tenant's estate shall not be liable for
    19  damages or any other penalty for breach or inadequate notice as a result
    20  of terminating a lease under subdivision one of this section.
    21    § 2. This act shall take effect immediately and  shall  apply  to  all
    22  leases entered into or extended on or after such date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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