S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9460

                          I N  A S S E M B L Y

                              March 7, 2016
                               ___________

Introduced  by M. of A. BUCHWALD, MAYER -- read once and referred to the
  Committee on Aging

AN ACT to amend the real property law, in relation  to  prohibiting  the
  termination  of tenancy in certain housing occupied by senior citizens
  and/or persons with disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
228-a to read as follows:
  S 228-A. TENANCY IN RENTAL BUILDINGS; SENIOR  CITIZENS;  PERSONS  WITH
DISABILITIES.   1. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO HUNDRED
TWENTY-EIGHT OF THIS ARTICLE OR ANY OTHER PROVISION TO THE CONTRARY,  IF
SUBSTANTIALLY  ALL OF THE LESSEES OR TENANTS OCCUPYING UNITS IN A RENTAL
BUILDING ARE OVER SIXTY-FIVE YEARS OF AGE AND/OR ARE PERSONS WITH  DISA-
BILITIES,  THE  LESSOR  MAY  NOT  TERMINATE OR FAIL TO RENEW A LEASE FOR
PREMISES IN SUCH BUILDING OR TERMINATE A TENANCY AT WILL OR  AT  SUFFER-
ANCE,  EXCEPT  FOR  CAUSE  SUCH  AS THE NON-PAYMENT OF RENT, WITHOUT THE
PRIOR APPROVAL OF A COURT OF COMPETENT JURISDICTION.
  2. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, A LESSOR OF A RENTAL
BUILDING WHERE SUBSTANTIALLY ALL OF THE  LESSEES  OR  TENANTS  OCCUPYING
UNITS IN THE RENTAL BUILDING ARE OVER SIXTY-FIVE YEARS OF AGE AND/OR ARE
PERSONS  WITH  DISABILITIES  MAY  NOT  INCREASE  THE RENT IN SUCH RENTAL
BUILDING BY MORE THAN ONE PERCENT ABOVE THE  PERCENTAGE  CHANGE  IN  THE
CONSUMER  PRICE  INDEX  SINCE  THE  START  OF THE TENANCY OR MOST RECENT
RENEWAL, WHICHEVER IS MORE RECENT AT THE TIME OF RENEWAL OF A LEASE  AND
MAY NOT INCREASE THE RENT MORE THAN ONE TIME ANNUALLY.
  3.  EVERY  LESSOR  OF  RENTAL BUILDINGS WHERE SUBSTANTIALLY ALL OF THE
LESSEES OR TENANTS OCCUPYING UNITS ARE  OVER  SIXTY-FIVE  YEARS  OF  AGE
AND/OR  ARE  PERSONS WITH DISABILITIES, SHALL NOTIFY PROSPECTIVE TENANTS
OF THE PROVISION OF THIS SECTION. SUCH NOTICE SHALL BE IN WRITING,  UPON
THE  RENTAL APPLICATION, AND SHALL INCLUDE, IN PLAIN AND SIMPLE ENGLISH,
IN CONSPICUOUS PRINT OF AT LEAST EIGHTEEN POINT TYPE, AN EXPLANATION  OF
A  TENANT'S  RIGHTS UNDER THIS SECTION AND ALL OTHER APPLICABLE REQUIRE-
MENTS AND DUTIES RELATING THERETO.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13724-06-6

A. 9460                             2

SUCH NOTICE SHALL READ AS FOLLOWS:
        NOTICE TO SENIOR CITIZENS AND/OR PERSONS WITH DISABILITIES:
                            BUILDING TENANCY
     SECTION 228-A OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK
   PROHIBITS A LESSOR FROM TERMINATING OR FAILING TO RENEW A LEASE OR
   TENANCY FOR PREMISES IN CERTAIN HOUSING FOR SENIOR CITIZENS AND/OR
              PERSONS WITH DISABILITIES, EXCEPT FOR CAUSE.
      (CONSULT SECTION 228-A OF THE REAL PROPERTY LAW FOR SPECIFIC
                       INFORMATION AND CRITERIA.)
  4.  ANY  LESSOR  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
LIABLE TO THE LESSEE OR TENANT AFFECTED THEREBY  FOR  REASONABLE  COSTS,
INCLUDING  REASONABLE  ATTORNEY'S  FEES,  WHICH  FEES SHALL BE TAXED AND
COLLECTED AS A PART OF THE COSTS IN THE ACTION, AND FOR  THE  REASONABLE
EXPENSES  INCURRED  BY  THE AFFECTED LESSEE OR TENANT IN RELOCATING TO A
NEW RESIDENCE. ADDITIONALLY, LESSORS SHALL RETURN  INITIATION  FEES  AND
SECURITY  DEPOSITS  TO LESSEES OR TENANTS, WHERE APPROPRIATE.  AN ACTION
TO RECOVER FOR SUCH LOSS, DAMAGE OR INJURY MAY BE BROUGHT IN  ANY  COURT
OF COMPETENT JURISDICTION BY THE AFFECTED TENANT OR LESSEE.
  5. AS USED IN THIS SECTION:
  (A)  "LESSOR" MEANS THE OWNER OR LANDLORD OF A RENTAL BUILDING, OR HIS
OR HER AGENT;
  (B) "PERSON WITH A DISABILITY" MEANS AN INDIVIDUAL  WHO  IS  CURRENTLY
RECEIVING  SOCIAL  SECURITY  DISABILITY INSURANCE (SSDI) OR SUPPLEMENTAL
SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL SECURITY ACT  OR
DISABILITY  PENSION  OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THOSE PREVIOUSLY  ELIGI-
BLE  BY  VIRTUE  OF RECEIVING DISABILITY BENEFITS UNDER THE SUPPLEMENTAL
SECURITY INCOME PROGRAM OR THE SOCIAL SECURITY  DISABILITY  PROGRAM  AND
CURRENTLY  RECEIVING  MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION
OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
SOCIAL SERVICES LAW;
  (C) "RENTAL BUILDING" MEANS TWENTY OR MORE RESIDENTIAL UNITS; AND
  (D)  "SUBSTANTIALLY ALL" MEANS APPROXIMATELY EIGHTY PERCENT OR MORE OF
THE LESSEES OR TENANTS OCCUPYING UNITS IN A  RENTAL  BUILDING,  PROVIDED
THAT  THE COURT NEED NOT RELY ON A STRICT PERCENTAGE WHEN, IN ITS DETER-
MINATION, THE INTERESTS OF JUSTICE WARRANT IT.
  S 2. This act shall take effect immediately.