NY State Senate Bill 2019-S2592

Senate Bill S2592

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Aging 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
Jan 08, 2020	referred to aging
Jan 28, 2019	referred to aging

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2019-S2592 (ACTIVE) - Details

See Assembly Version of this Bill:: A46
Current Committee:: Senate Aging
Law Section:: Real Property Law
Laws Affected:: Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6883, A9460
2017-2018: S767, A6449
2021-2022: S1106, A5970
2023-2024: S286, A308

2019-S2592 (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.

2019-S2592 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2592

SPONSOR: STEWART-COUSINS
 
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 termi-
nation 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 disabili-
ties.

 
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, more than one lease, for tenants in
rental buildings where substantially all of the lessees or tenants occu-
pying such units are sixty-five years of age or older and/or are persons
with disabilities, unless the lessor has cause such as nonpayment of
rent. This section also requires notice to lessees, tenants and local
governments, if such court approval is sought and provides factors the
court may consider when making a termination.

Paragraph 2 of Section 1 of the bill limits rent increases in senior
housing and/or housing for the disabled 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 lessors of qualified senior
housing and/or housing for the disabled 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 and/or housing for the disabled 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 typi-
cally 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 gave 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 residents,
approximately 150 senior citizens, were required to move out. However,
many of these senior citizens were on fixed incomes and many were not be
able to quickly secure new housing or had limited mobility and were 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
and/or disabled tenants without cause.

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

None.

 
LEGISLATIVE HISTORY:

2017 - 2018: A.6449A (Buchwald) - Referred to Aging / S.6883 (Stewart-
Cousins) - Referred to Judiciary

2016: A.9460 (Buchwald) - Referred to Aging / 5.6883 (Stewart-Cousins)
Referred to Judiciary

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2592 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2592
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced by Sens. STEWART-COUSINS, LIU, MAYER, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed 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:
   §  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00694-01-9

 S. 2592                             2
 
 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
 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

 S. 2592                             3

   (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.

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