S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6449--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced by M. of A. BUCHWALD, MAYER, M. G. MILLER, ABINANTI, SOLAGES,
   GOTTFRIED,  SIMON,  MOSLEY,  BLAKE, SEAWRIGHT, CAHILL, JAFFEE, JOYNER,
   PEOPLES-STOKES, HYNDMAN,  HOOPER,  BICHOTTE,  ORTIZ,  STECK,  BARRETT,
   OTIS,  CRESPO,  WILLIAMS, SEPULVEDA, BARNWELL -- Multi-Sponsored by --
   M. of A. COOK, GIGLIO, GLICK, KEARNS, LENTOL, MAGEE -- read  once  and
   referred  to  the  Committee  on  Aging  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
   §  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 INVOLVING ACTIONS OF THE TENANT THAT VIOLATE  THE
 TERMS  OF  THE LEASE, SUCH AS THE NON-PAYMENT OF RENT, WITHOUT THE PRIOR
 APPROVAL OF A COURT OF COMPETENT JURISDICTION.   IN DETERMINING  WHETHER
 TO  GRANT APPROVAL, THE COURT SHALL CONSIDER FACTORS INCLUDING:  WHETHER
 THE LESSOR IS OPERATING THE RENTAL BUILDING AT A  PROFIT  OR  LOSS;  THE
 NEED  FOR  ANY  MAJOR  CAPITAL  REPAIRS  OR  IMPROVEMENTS THAT CANNOT BE
 PERFORMED WHILE THE TENANTS  ARE  IN  OCCUPANCY;  ANY  WRITTEN  OR  ORAL
 REPRESENTATIONS  MADE BY THE LESSOR TO TENANTS ABOUT HOW LONG THEY COULD
 REMAIN IN OCCUPANCY;  ANY  ALTERNATIVE  HOUSING  BEING  OFFERED  BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02762-02-7

 A. 6449--A                          2
 
 LESSOR,  THE  NUMBER  OF  AFFECTED  TENANTS;  AND THE LENGTH OF TIME THE
 AFFECTED TENANTS HAVE LIVED IN THEIR APARTMENTS. AT THE TIME  OF  FILING
 ANY ACTION AFFECTING MORE THAN ONE LEASE AND SEEKING SUCH PRIOR APPROVAL
 FROM  A COURT OF COMPETENT JURISDICTION, THE LESSOR SHALL NOTIFY ALL THE
 LESSEES AND TENANTS OCCUPYING UNITS IN THE RENTAL BUILDING THAT ARE OVER
 SIXTY-FIVE YEARS OF AGE AND/OR ARE  PERSONS  WITH  DISABILITIES  OF  THE
 FILING  OF  SUCH ACTION.   THE LESSOR SHALL ALSO NOTIFY AT SUCH TIME ANY
 VILLAGE, TOWN, CITY AND COUNTY, EXCEPT COUNTIES INSIDE THE CITY  OF  NEW
 YORK,  IN  WHICH  SUCH  RENTAL BUILDING IS LOCATED OF THE FILING OF SUCH
 ACTION. WHILE SUCH ACTION  IS  PENDING,  THE  LESSOR  SHALL  NOTIFY  ANY
 PROSPECTIVE  LESSEE  OR TENANT PRIOR TO THE SIGNING OF A LEASE FOR PREM-
 ISES IN SUCH RENTAL BUILDING OF THE PENDENCY OF SUCH ACTION.
   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.
 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

 A. 6449--A                          3
 
 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.
   § 2. This act shall take effect immediately.