Assembly Bill A6954C

2021-2022 Legislative Session

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord

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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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Bill Amendments

2021-A6954 - Details

See Senate Version of this Bill:
S5746
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:
A458, S548

2021-A6954 - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6954
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the real  property  law,  in  relation  to  providing  a
   deceased  tenant's  legal  representative the option to terminate such
   tenant's lease upon notice to the landlord

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 236 of the real property law, as added by chapter
 156 of the laws of 1965, is amended to read as follows:
   § 236.  [Assignment]  TERMINATION  of  lease  of  a  deceased  tenant.
 Notwithstanding  any contrary provision contained in any lease hereafter
 made which affects premises demised for residential use, or  partly  for
 residential and partly for professional use, the executor, administrator
 or  legal  representative  of a deceased tenant under such a lease[, may
 request the landlord thereunder to consent to the assignment of  such  a
 lease, or to the subletting of the premises demised thereby]  SHALL HAVE
 THE  OPTION  TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE LANDLORD
 NO LATER THAN EITHER THE LAST DAY OF  THE  SECOND  CALENDAR  MONTH  THAT
 FOLLOWS  THE CALENDAR MONTH IN WHICH THE TENANT DIED OR SURRENDER OF THE
 RENTAL UNIT AND REMOVAL OF ALL  THE  TENANT'S  PERSONAL  PROPERTY.  Such
 [request] TERMINATION OPTION shall be accompanied by the written consent
 thereto  of any co-tenant or guarantor of such lease [and a statement of
 the name, business and  home  addresses  of  the  proposed  assignee  or
 sublessee.  Within ten days after the mailing of such request, the land-
 lord may ask the sender  thereof  for  additional  information  as  will
 enable  the  landlord to determine if rejection of such request shall be
 unreasonable. Within thirty days after the mailing of  the  request  for
 consent,  or  of  the additional information reasonably asked for by the
 landlord, whichever is later, the landlord shall send a  notice  to  the
 sender  thereof  of  his election to terminate said lease or to grant or
 refuse his consent. Landlord's failure to send such a  notice  shall  be

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

co-Sponsors

2021-A6954A - Details

See Senate Version of this Bill:
S5746
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:
A458, S548

2021-A6954A - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6954--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee  on  Housing  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  real  property  law, in relation to providing a
   deceased tenant's legal representative the option  to  terminate  such
   tenant's lease upon notice to the landlord
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 236 of the real property law, as added  by  chapter
 156 of the laws of 1965, is amended to read as follows:
   §  236.  [Assignment]  TERMINATION  of  lease  of  a  deceased tenant.
 Notwithstanding any contrary provision contained in any lease  hereafter
 made  OR  RENEWED which affects premises demised for residential use, or
 partly for residential and partly for professional  use,  the  executor,
 administrator  or legal representative of a deceased tenant under such a
 lease[, may request the landlord thereunder to consent to the assignment
 of such a lease, or to the subletting of the premises demised thereby]
 SHALL HAVE THE OPTION TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE
 LANDLORD  NO LATER THAN EITHER THE LAST DAY OF THE SECOND CALENDAR MONTH
 THAT FOLLOWS THE CALENDAR MONTH IN WHICH THE TENANT DIED OR SURRENDER OF
 THE RENTAL UNIT AND REMOVAL OF ALL THE TENANT'S PERSONAL PROPERTY.  Such
 [request] TERMINATION OPTION shall be accompanied by the written consent
 thereto  of any co-tenant or guarantor of such lease [and a statement of
 the name, business and  home  addresses  of  the  proposed  assignee  or
 sublessee.  Within ten days after the mailing of such request, the land-
 lord may ask the sender  thereof  for  additional  information  as  will
 enable  the  landlord to determine if rejection of such request shall be
 unreasonable. Within thirty days after the mailing of  the  request  for
 consent,  or  of  the additional information reasonably asked for by the
 landlord, whichever is later, the landlord shall send a  notice  to  the
 sender  thereof  of  his election to terminate said lease or to grant or

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

co-Sponsors

2021-A6954B - Details

See Senate Version of this Bill:
S5746
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:
A458, S548

2021-A6954B - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6954--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, SEAWRIGHT, GOTTFRIED, SIMON, SAYEGH,
   GLICK, DAVILA, FERNANDEZ, DE LOS SANTOS, DINOWITZ  --  read  once  and
   referred  to  the  Committee  on Housing -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted  to  the  Committee on Housing in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the real  property  law,  in  relation  to  providing  a
   deceased  tenant's  legal  representative the option to terminate such
   tenant's lease upon notice to the landlord
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 236 of the real property law, as added by chapter
 156 of the laws of 1965, is amended to read as follows:
   § 236.  [Assignment]  TERMINATION  of  lease  of  a  deceased  tenant.
 Notwithstanding  any contrary provision contained in any lease hereafter
 made OR RENEWED which affects premises demised for residential  use,  or
 partly  for  residential  and partly for professional use, the executor,
 administrator or legal representative of a deceased tenant under such  a
 lease[, may request the landlord thereunder to consent to the assignment
 of  such a lease, or to the subletting of the premises demised thereby]
 SHALL HAVE THE OPTION TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE
 LANDLORD.  SUCH TERMINATION SHALL BE EFFECTIVE AS OF THE DATE  ON  WHICH
 THE  TENANT'S  ESTATE NOTIFIES THE LANDLORD OF ITS ELECTION TO TERMINATE
 AND SURRENDERS POSSESSION OF THE PREMISES.   Such [request]  TERMINATION
 OPTION  shall  be  accompanied  by  the  written  consent thereto of any
 co-tenant or guarantor of such lease [and a statement of the name, busi-
 ness and home addresses of the proposed assignee  or  sublessee.  Within
 ten  days  after  the  mailing of such request, the landlord may ask the
 sender thereof for additional information as will enable the landlord to
 determine if rejection of such request  shall  be  unreasonable.  Within

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09037-05-2

co-Sponsors

2021-A6954C (ACTIVE) - Details

See Senate Version of this Bill:
S5746
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:
A458, S548

2021-A6954C (ACTIVE) - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6954--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, SEAWRIGHT, GOTTFRIED, SIMON, SAYEGH,
   GLICK, DAVILA, FERNANDEZ, DE LOS SANTOS,  DINOWITZ,  JACKSON  --  read
   once and referred to the Committee on Housing -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee  on  Housing  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the real  property  law,  in  relation  to  providing  a
   deceased  tenant's  legal  representative the option to terminate such
   tenant's lease upon notice to the landlord
 
   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
 236-a to read as follows:
   § 236-A. TERMINATION OF LEASE OF A  DECEASED  TENANT.  NOTWITHSTANDING
 ANY  CONTRARY PROVISION CONTAINED IN ANY LEASE HEREAFTER MADE OR RENEWED
 WHICH AFFECTS PREMISES DEMISED FOR RESIDENTIAL USE, OR PARTLY FOR  RESI-
 DENTIAL  AND PARTLY FOR PROFESSIONAL USE, THE EXECUTOR, ADMINISTRATOR OR
 LEGAL REPRESENTATIVE OF A DECEASED TENANT UNDER SUCH A LEASE SHALL  HAVE
 THE  OPTION TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE LANDLORD.
 SUCH TERMINATION SHALL BE EFFECTIVE AS OF THE DATE ON WHICH THE TENANT'S
 ESTATE NOTIFIES THE LANDLORD OF ITS ELECTION TO TERMINATE AND SURRENDERS
 POSSESSION OF THE PREMISES. SUCH TERMINATION OPTION SHALL BE ACCOMPANIED
 BY THE WRITTEN CONSENT THERETO OF ANY CO-TENANT  OR  GUARANTOR  OF  SUCH
 LEASE.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO RELIEVE THE
 TENANT'S ESTATE OF LIABILITY FOR RENT MONEY OR ANY DEBT  INCURRED  PRIOR
 TO  THE DATE OF TERMINATION OF THE LEASE, INCLUDING DAMAGES TO THE PREM-
 ISES AND ANY EXPENSES THE LANDLORD MAY INCUR AS A DIRECT RESULT  OF  THE
 TENANT'S  DEATH, EXCEPT THAT THE TENANT'S ESTATE SHALL NOT BE LIABLE FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09037-06-2

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