S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3155
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  DINOWITZ,  McMAHON,  SIMON, GLICK,
   SEAWRIGHT, GOTTFRIED, GRIFFIN, ABINANTI -- read once and  referred  to
   the Committee on Housing
 
 AN  ACT  to  amend  the real property law, in relation to permitting the
   early termination of a lease by a tenant during a state of emergency

   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
 227-g to read as follows:
   § 227-G. TERMINATION OF RESIDENTIAL LEASE DURING A STATE OF EMERGENCY.
 1. IN ANY LEASE OR  RENTAL  AGREEMENT  COVERING  PREMISES  OCCUPIED  FOR
 DWELLING  PURPOSES, WHERE THE TENANT OF SUCH PROPERTY NO LONGER REQUIRES
 USE OF THE PROPERTY FOR REASONS INCLUDING, BUT NOT LIMITED TO, THE CAUSE
 OF A DECLARED STATE OF EMERGENCY CAUSING: (A) THE TENANT TO BE  REQUIRED
 TO  VACATE  AN AREA CONTAINING SUCH PROPERTY; (B) THE TENANT TO LOSE HIS
 OR HER EMPLOYMENT; OR (C) THE TENANT NO LONGER BE ABLE TO ATTEND SCHOOL,
 COLLEGE, OR UNIVERSITY DUE TO  A  SUDDEN  CLOSURE  OF  SUCH  EDUCATIONAL
 INSTITUTION,  SUCH  TENANT SHALL BE PERMITTED TO TERMINATE SUCH LEASE OR
 RENTAL AGREEMENT AND QUIT AND  SURRENDER  POSSESSION  OF  THE  LEASEHOLD
 PREMISES  AND  THE LAND SO LEASED OR OCCUPIED PURSUANT TO THE PROVISIONS
 OF THIS SECTION AND TO BE RELEASED 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.
   2.  ANY  LEASE  OR RENTAL AGREEMENT COVERED BY 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.
 UNLESS THE LEASE OR RENTAL AGREEMENT PROVIDES FOR AN EARLIER TERMINATION
 DATE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02157-01-1

 A. 3155                             2
 
 ACCOMPANIED  BY DOCUMENTATION OF THE REASONS THE TENANT OF SUCH PROPERTY
 NO LONGER REQUIRES USE OF THE PROPERTY.  SUCH  NOTICE  SHALL  BE  DEEMED
 DELIVERED FIVE DAYS AFTER MAILING.
   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.
   4. UPON TERMINATION:
   (A) IF THE TERMINATING TENANT IS THE SOLE  LEASEHOLDER,  THE  PREMISES
 SHALL BE DELIVERED TO THE LESSOR OR OWNER:
   (I) FREE OF ALL TENANTS AND OCCUPANTS; AND
   (II) IN ACCORDANCE WITH THE TERMS OF THE LEASE RELATING TO DELIVERY OF
 THE PREMISES AT THE TERMINATION OF THE LEASE.
   (B)  IF  THERE  ARE  TENANTS  ON  THE LEASE OTHER THAN THE TERMINATING
 TENANT:
   (I) THE LANDLORD SHALL NOT, EXCEPT UPON  CONSENT  OF  SUCH  ADDITIONAL
 TENANTS,  TERMINATE  OR SEVER THE CO-TENANCY. THE LANDLORD SHALL PROVIDE
 THE REMAINING TENANTS AT LEAST THIRTY DAYS FROM THE TERMINATION DATE  TO
 DECIDE WHETHER TO CONSENT TO A TERMINATION OR SEVERANCE.
   (II)  THE  REMAINING  CO-TENANT OR CO-TENANTS HOLD THE RIGHT TO ADD AN
 ADDITIONAL OCCUPANT AS DEFINED BY PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED THIRTY-FIVE-F OF THIS ARTICLE.
   5. 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.