S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    308
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Aging
 
 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.
                                                            LBD01124-01-3
 A. 308                              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.