NY State Senate Bill 2015-S6883

Senate Bill S6883

2015-2016 Legislative Session

Prohibits the termination of tenancy in certain housing occupied by senior citizens and/or persons with disabilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2016	referred to judiciary

2015-S6883 (ACTIVE) - Details

See Assembly Version of this Bill:: A9460
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S767, A6449
2019-2020: S2592, A46
2021-2022: S1106, A5970
2023-2024: S286, A308

2015-S6883 (ACTIVE) - Summary

Prohibits the termination of tenancy in housing occupied by substantially all persons over sixty-five years of age and/or persons with disabilities without cause; prohibits increasing rent more than one percent above the percentage change.

2015-S6883 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6883

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would require the approval of a court before the
termination of, or failure to renew, a lease for tenants in rental
buildings where substantially all of the lessees or tenants occupying
such units are sixty-five years of age or older and/or are persons
with disabilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new Section 228a of the real property law
to require landlords to obtain court approval prior to seeking the
termination of, or failure to renew, a lease for tenants in rental
buildings where substantially all of the lessees or tenants occupying
such units are sixty-five years of age or older and/or are persons
with disabilities unless the lessor has cause such as non-payment of
rent.

Paragraph 2 of Section 1 of the bill limits rent increases in senior
housing rental buildings to no more than one percent above the
percentage change in the CPI since the start of the tenancy or most
recent renewal, whichever is more recent at the time of renewal and
further stipulates that such rents may not be increased more than once
annually.

Paragraph 3 of Section 1 of the bill states that qualified senior
housing facility lessors shall provide prospective tenants with a
notice in the lease of the tenant's rights provided under this
section.

Paragraph 4 of Section 1 of the bill provides that any owner or
landlord of a senior housing rental building who does not comply with
these provisions shall be liable for reasonable costs such as court
fees, attorney expenses and relocation costs borne by affected
lessees. Additionally, lessors shall return initiation fees and
security deposits to lessees or tenants where appropriate. An action
to recover for loss, damage or injury may be brought in any court with
jurisdiction by the affected tenant or lessee.

Paragraph 5 of Section 1 defines terms as used in the section. 5(a)
defines "lessor" as the owner or landlord of a rental building; 5(b)
defines "person with a disability" as an individual who is currently
receiving SSDI or SSI benefits; 5(c) defines "rental building" as
twenty or more residential units and 5(d) defines "substantially all"
as 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 determination, the interests
of justice warrant it.

Section 2 states this act shall take effect immediately

 JUSTIFICATION :

The number of older Americans is increasing rapidly. As this
population grows, they will require access to stable, affordable and
physically accessible housing. To ensure these needs are met, many
seniors opt to move from their homes into senior living facilities as
they are typically centrally located and can provide many of the
unique supports and services seniors require. Often, when residents
move into senior housing they expect they may be there, possibly for
the rest of their lives.

Recently in White Plains, the Esplanade Senior Living facility decided
to re-purpose that location into higher-end apartments and give all of
their senior tenants notice of their pending eviction. This was
despite the fact the facility allowed new tenants to move in and renew
leases as late as one month before the evictions were announced. The
current residents, approximately 150 senior citizens, will be required
to move out as the building is rehabilitated.  However, many of these
senior citizens are on fixed incomes and may not be able to quickly
secure new housing, or they may have limited mobility and are not
easily able to move to a new location. This legislation would prevent
similar circumstances from occurring in the future by adding certain
rights and protections for seniors living in senior housing that is
not otherwise regulated by the state.

 FISCAL IMPLICATIONS :

None.

 IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS :

This legislation would prohibit certain lessors from removing elderly
tenants without cause.

 EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS :

None.

 LEGISLATIVE HISTORY :

This is a new bill.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6883 (ACTIVE) - Bill Text download pdf

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

                                  6883

                            I N  S E N A T E

                              March 3, 2016
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

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

S. 6883                             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.

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