S T A T E O F N E W Y O R K
________________________________________________________________________
1106
2021-2022 Regular Sessions
I N S E N A T E
January 7, 2021
___________
Introduced by Sen. STEWART-COUSINS -- 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 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07376-01-1
S. 1106 2
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
(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.
