NY State Senate Bill 2023-S286

Senate Bill S286

2023-2024 Legislative Session

Prohibits the termination of tenancy in certain housing occupied by senior citizens and/or persons with disabilities

download bill text pdf

Current 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Jun 10, 2023	committed to rules
Feb 06, 2023	advanced to third reading
Feb 01, 2023	2nd report cal.
Jan 31, 2023	1st report cal.215
Jan 04, 2023	referred to judiciary

Votes

- Jan 31, 2023 - Judiciary Committee Vote
  S286
  
  13
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Jan 31, 2023
      
      aye (13)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      nay (5)
      
      Lanza
      
      Martins
      
      O'Mara
      
      Palumbo
      
      Rhoads
      
      aye wr (1)
      
      Canzoneri-Fitzpatrick

2023-S286 (ACTIVE) - Details

See Assembly Version of this Bill:: A308
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6883, A9460
2017-2018: S767, A6449
2019-2020: S2592, A46
2021-2022: S1106, A5970

2023-S286 (ACTIVE) - Summary

Prohibits the termination of tenancy in housing occupied by substantially all persons over sixty-five years of age and/or persons with disabilities without cause; prohibits increasing rent more than one percent above the percentage change.

2023-S286 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S286

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to require court approval before the termi-
nation of, or failure to renew, a lease for tenants in rental buildings
where substantially all of the lessees or tenants occupying such units
are sixty-five years of age or older and/or are persons with disabili-
ties.

 
SUMMARY OF PROVISIONS:

Section one amends the Real Property Law by adding a new section requir-
ing landlords to obtain court approval before seeking the termination
of, or failure to renew, more than one lease for tenants in rental

buildings where substantially all of the lessees or tenants occupying
such units are sixty-five years of age or older and/or are persons with
disabilities, unless the lessor has cause such as nonpayment of rent. It
also requires notice to lessees, tenants and local governments, if such
court approval is sought and provides factors the court may consider
when considering approval of the termination(s).

Additionally, it limits rent increases in senior housing and/or housing
for the disabled rental buildings to no 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, and further stipulates that such rents may not be increased
more than once annually.

The bill also requires lessors of housing covered under this section to
provide written notice of the lessors' duties under this section to
prospective tenants and outlines penalties for lessors who violate the
provisions of this section.

Section two sets the effective date

 
JUSTIFICATION:

As the population of older Americans continues to grow, a greater number
of seniors will require access to stable, affordable and physically
accessible housing. To ensure these needs are met, many opt to move from
their homes into senior living facilities, which often provide a central
location and many of the unique supports and services seniors require.
Many residents who move into senior housing expect they may live there
for the rest of their lives.

Recently in White Plains, the Esplanade Senior Living facility decided
to repurpose their property into higher-end apartments. The facility
gave their senior tenants notice of their pending eviction, despite the
fact the facility allowed new tenants to move in and renew leases as
late as one month before announcing the evictions. Many of the approxi-
mately 150 senior citizens forced out of their homes were on fixed
incomes and were not able to quickly secure new housing or had limited
mobility and were not easily able to move to a new location.

This legislation would prevent similar circumstances from occurring in
the future by adding certain rights and protections for seniors living
in senior housing that is not otherwise regulated by the state.

 
LEGISLATIVE HISTORY:

2021-2022: S1106 Stewart-Cousins - Referred to Aging

2019-2020: S2592 Stewart-Cousins - Referred to Judiciary

2017-2018: S767A Stewart-Cousins - Referred to Judiciary

2015-2016: S6883 Stewart-Cousins - Referred to Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S286 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    286
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01124-01-3
 S. 286                              2
 
 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
 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
 S. 286                              3

   (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.

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