S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3891
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 individuals with
   disabilities being able to terminate their leases  when  moving  to  a
   residence of a family member or entering certain facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 227-a of the real property law, as amended by chap-
 ter 313 of the laws of 1999, subdivision  2  as  separately  amended  by
 chapter 314 of the laws of 1999, is amended to read as follows:
   §  227-a. Termination of residential lease by senior citizens OR INDI-
 VIDUALS WITH A DISABILITY moving to a residence of a  family  member  or
 entering  certain health care facilities, adult care facilities or hous-
 ing projects. 1. In any lease  or  rental  agreement  covering  premises
 occupied  for  dwelling  purposes  in  which  a lessee or tenant has (A)
 attained the age of sixty-two years or older, or will  attain  such  age
 during  the term of such lease or rental agreement OR (B) IS AN INDIVID-
 UAL WITH A "DISABILITY", AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION
 TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW or  a  husband  or  wife  OR
 DEPENDENT  of  such  a  person  residing with him or her, there shall be
 implied a covenant by the lessor or  owner  to  permit  such  lessee  or
 tenant: [(a)] (I) who is certified by a physician as no longer able, for
 medical  reasons,  to  live independently in such premises and requiring
 assistance with instrumental activities  of  daily  living  or  personal
 activities of daily living, and who will move to a residence of a member
 of his or her family, or [(b)] (II) who is notified of his or her oppor-
 tunity  to  commence  occupancy in an adult care facility (as defined in
 subdivision twenty-one of section two of the social services law) except
 for a shelter for adults (as  defined  in  subdivision  twenty-three  of
 section two of such law), a residential health care facility (as defined
 in  section two thousand eight hundred one of the public health law), or
 a housing unit which receives substantial assistance of grants, loans or
 subsidies from any federal, state or local agency or instrumentality, or
 any not-for-profit  philanthropic  organization  one  of  whose  primary
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04829-01-9

 S. 3891                             2

 purposes  is providing low or moderate income housing, or in less expen-
 sive premises in a housing project or complex erected for  the  specific
 purpose  of  housing  senior  citizens  OR PERSONS WITH DISABILITIES, to
 terminate  such  lease  or  rental  agreement  and  quit  and  surrender
 possession of the leasehold premises, and of the land so leased or occu-
 pied; and to release the lessee or tenant from any liability to  pay  to
 the lessor or owner, rent or other payments in lieu of rent for the time
 subsequent  to  the date of termination of such lease in accordance with
 subdivision two of this section; and to adjust to the date of  surrender
 any  rent or other payments made in advance or which have accrued by the
 terms of such lease or rental agreement.
   2. (A) Any lease or rental  agreement  covered  by  PARAGRAPH  (A)  OF
 subdivision  one  of this section may be terminated by notice in writing
 delivered to the lessor or owner or to the lessor's or owner's agent  by
 a  lessee or tenant. Such termination shall be effective no earlier than
 thirty days after the date on which the next rental  payment  subsequent
 to  the  date  when  such  notice  is delivered is due and payable. Such
 notice shall be  accompanied  by  a  documentation  of  the  physician's
 certification, accompanied by a notarized statement from a family member
 stating  that  the  senior  citizen  is related, and will be moving into
 their place of residence for a period of not less  than  six  months  or
 admission  or  pending  admission to a facility set forth in subdivision
 one of this section. Such notice shall be  deemed  delivered  five  days
 after  mailing.    Documentation of admission or pending admission shall
 consist of a copy of an executed lease or contract between the lessee or
 tenant and a facility set forth in subdivision one of this section.
   (B) ANY LEASE OR RENTAL AGREEMENT COVERED BY PARAGRAPH (B) OF SUBDIVI-
 SION ONE OF THIS SECTION MAY BE TERMINATED BY NOTICE IN  WRITING  DELIV-
 ERED  TO  THE  LESSOR  OR OWNER OR TO THE LESSOR'S OR OWNER'S AGENT BY A
 LESSEE OR TENANT. SUCH TERMINATION SHALL BE EFFECTIVE  NO  EARLIER  THAN
 THIRTY  DAYS  AFTER THE DATE ON WHICH THE NEXT RENTAL PAYMENT SUBSEQUENT
 TO THE DATE WHEN SUCH NOTICE IS  DELIVERED  IS  DUE  AND  PAYABLE.  SUCH
 NOTICE  SHALL  BE  ACCOMPANIED  BY  A  DOCUMENTATION  OF THE PHYSICIAN'S
 CERTIFICATION. SUCH NOTICE SHALL BE DEEMED  DELIVERED  FIVE  DAYS  AFTER
 MAILING.  DOCUMENTATION  OF ADMISSION OR PENDING ADMISSION SHALL CONSIST
 OF A COPY OF AN EXECUTED LEASE OR CONTRACT BETWEEN THE LESSEE OR  TENANT
 AND A FACILITY SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   3.  Any person who shall knowingly seize, hold, or detain the personal
 effects, clothing, furniture or other property of  any  person  who  has
 lawfully  terminated a lease or rental agreement covered by this section
 or the spouse or dependent of any such person, or in any  manner  inter-
 feres  with  the  removal  of such property from the premises covered by
 such lease or  rental  agreement,  for  the  purpose  of  subjecting  or
 attempting to subject any of such property to a purported claim for rent
 accruing  subsequent  to the date of termination of such lease or rental
 agreement, or attempts so to do, shall be guilty of  a  misdemeanor  and
 shall  be punished by imprisonment not to exceed one year or by fine not
 to exceed one thousand dollars, or by both such fine and imprisonment.
   3-a. Each owner or lessor of a facility or unit into which a lessee or
 tenant is entitled to move after quitting and surrendering  as  provided
 for  herein  shall  in  writing, upon an application, notify prospective
 tenants of the provision of this section. Such notice shall include,  in
 plain  and  simple  English,  in  conspicuous print of at least eighteen
 point type, an explanation of a tenants right to terminate the  existing
 lease and all other applicable requirements and duties relating thereto.
 Such notice shall read as follows:

 S. 3891                             3

                        NOTICE [TO SENIOR CITIZENS]:
                       RESIDENTIAL LEASE TERMINATION
   SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
 FOR  THE  TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS OR INDI-
 VIDUALS WITH A DISABILITY MOVING TO A RESIDENCE OF A  FAMILY  MEMBER  OR
 ENTERING  CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUS-
 ING PROJECTS.
 Who is eligible?
   Any lessee or tenant who is age sixty-two years or older,
   or who will attain such age during the term of the lease or rental
   agreement,
   OR AN INDIVIDUAL WITH A "DISABILITY", AS DEFINED IN SUBDIVISION
   21 OF SECTION 292 OF THE EXECUTIVE LAW,
   or a spouse OR DEPENDENT of such person residing with him or her.
   What kind of facilities does this law apply to?
   This law will apply if the senior citizen OR INDIVIDUAL WITH  A  DISA-
 BILITY is relocating to:
   A. An adult care facility;
   B. A residential health care facility;
   C. Subsidized low income housing;
   D. Senior citizen housing; or
   E. A residence of a family member.
   What are the responsibilities of the rental property owner?
   When  the  tenant  gives notice of his or her opportunity to move into
 one of the above facilities the landlord must allow:
   A. for the termination of the lease or rental agreement, and
   B. the release of the tenant from any liability to pay rent  or  other
 payments in lieu of rent from the termination of the lease in accordance
 with section 227-a of the real property law, to the time of the original
 termination date, and
   C.  to  adjust  any  payments  made  in advance or payments which have
 accrued by the terms of such lease or rental agreement.
   How do you terminate the lease?
   If the tenant can move into one of the specified facilities, he or she
 must terminate the lease or agreement in writing no earlier than  thirty
 days  after  the date on which the next rental payment (after the notice
 is delivered) is due and payable. The notice is  deemed  delivered  five
 days  after  being mailed. The written notice must include documentation
 of admission or pending admission to one of the above mentioned  facili-
 ties.
   For example: Mail the notice: May 5th
   Notice received: May 10th
   Next rental payment due: June 1st
   Termination effective: July 1st
   Will the landlord face penalties if he or she does not comply?
   Yes,  according  to  section 227-a of the real property law, if anyone
 interferes with the removal of your property from the premises they will
 be guilty of a misdemeanor and will be either imprisoned for up  to  one
 year or fined up to $1000.00 or both.
   4. Any agreement by a lessee or tenant of premises occupied for dwell-
 ing purposes waiving or modifying his or her rights as set forth in this
 section shall be void as contrary to public policy.
   §  2.  This  act  shall take effect immediately and shall apply to any
 leases or rental agreements entered into on and after such date.