Senate Bill S548

Signed By Governor
2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A458 - Signed by Governor

  • 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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2023-S548 (ACTIVE) - Details

See Assembly Version of this Bill:
A458
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2021-2022 Legislative Session:
S5746, A6954

2023-S548 (ACTIVE) - Summary

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

2023-S548 (ACTIVE) - Sponsor Memo

2023-S548 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    548
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  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
 DAMAGES OR ANY OTHER PENALTY FOR BREACH OF INADEQUATE NOTICE AS A RESULT
 OF TERMINATING A LEASE UNDER THIS SECTION. ANY NOTICE  OR  COMMUNICATION
 REQUIRED OR AUTHORIZED TO BE GIVEN HEREUNDER SHALL BE SENT BY REGISTERED
 OR  CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED. THIS SECTION SHALL NOT
 APPLY TO A PROPRIETARY LEASE, VIZ.: A LEASE TO, OR  HELD  BY,  A  TENANT
 ENTITLED THERETO BY REASON OF OWNERSHIP OF STOCK IN A CORPORATE OWNER OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00172-01-3
 S. 548                              2

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