Senate Bill S5339

2021-2022 Legislative Session

Relates to termination of a residential lease upon the death of a tenant

download bill text pdf

Sponsored By

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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2021-S5339 (ACTIVE) - Details

See Assembly Version of this Bill:
A4933
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11009
2019-2020: S6714, A4497

2021-S5339 (ACTIVE) - Summary

Permits an executor or administrator of an estate of a tenant who dies during the term of a residential lease to terminate such lease after written notice to the landlord.

2021-S5339 (ACTIVE) - Sponsor Memo

2021-S5339 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5339
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  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  terminating  a
   residential lease upon death of a tenant
 
   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.  DEATH  OF TENANT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, AND OUTSIDE A CITY  WITH  A  POPULATION  OF  ONE  MILLION  OR  MORE
 PERSONS,  IF  THE  DECEASED TENANT IS THE SOLE TENANT OF THE RESIDENTIAL
 UNIT, THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF A TENANT  WHO  DIES
 DURING  THE  TERM OF A RESIDENTIAL LEASE SHALL HAVE THE OPTION TO TERMI-
 NATE THE LEASE UPON FOURTEEN DAYS' WRITTEN NOTICE TO THE  LANDLORD  UPON
 THE LATER OF:
   (A)  THE LAST DAY OF THE SECOND CALENDAR MONTH THAT FOLLOWS THE CALEN-
 DAR MONTH IN WHICH THE TENANT DIED; OR
   (B) SURRENDER OF THE RENTAL UNIT AND REMOVAL OF ALL  OF  THE  TENANT'S
 PERSONAL PROPERTY.
   2.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RELIEVE THE TENANT'S
 ESTATE OF LIABILITY FOR RENT MONEY OR ANY OTHER DEBT INCURRED  PRIOR  TO
 THE  DATE OF TERMINATION OF THE LEASE, INCLUDING DAMAGES TO THE PREMISES
 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
 DAMAGES OR ANY OTHER PENALTY FOR BREACH OR INADEQUATE NOTICE AS A RESULT
 OF TERMINATING A LEASE UNDER SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 leases entered into or extended on or after such date.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09043-01-1

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