S T A T E O F N E W Y O R K
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3646
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
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Introduced by M. of A. CAHILL, TITUS, BENEDETTO -- Multi-Sponsored by --
M. of A. COOK -- read once and referred to the Committee on Housing
AN ACT to amend the real property law, in relation to providing for an
extended stay for tenants who are disabled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 228 of the real property law, as amended by chapter
312 of the laws of 1962, is amended to read as follows:
S 228. Termination of tenancies at will or by sufferance, by notice.
1. A tenancy at will or by sufferance, however created, may be termi-
nated by a written notice of not less than thirty days given in behalf
of the landlord, to the tenant, requiring him OR HER to remove from the
premises; which notice must be served, either by delivering to the
tenant or to a person of suitable age and discretion, residing upon the
premises, or if neither the tenant nor such a person can be found, by
affixing it upon a conspicuous part of the premises, where it may be
conveniently read. At the expiration of thirty days after the service of
such notice, the landlord may re-enter, maintain an action to recover
possession, or proceed, in the manner prescribed by law, to remove the
tenant, without further or other notice to quit.
2. (A) IN A PROCEEDING TO RECOVER THE POSSESSION OF PREMISES OUTSIDE
THE CITY OF NEW YORK OCCUPIED FOR DWELLING PURPOSES, OTHER THAN A ROOM
OR ROOMS IN A HOTEL, LODGING HOUSE OR ROOMING HOUSE, UPON THE GROUND
THAT THE TENANT OR ANY MEMBER OF SUCH TENANT'S FAMILY ACTUALLY RESIDING
ON THE PREMISES, IS DISABLED, IS HOLDING OVER AND CONTINUING IN
POSSESSION OF THE PREMISES AFTER THE EXPIRATION OF HIS OR HER TERM AND
WITHOUT THE PERMISSION OF THE LANDLORD, OR, IN A CASE WHERE A NEW LESSEE
IS ENTITLED TO POSSESSION, WITHOUT THE PERMISSION OF THE NEW LESSEE,
THE COURT, ON APPLICATION OF SUCH TENANT OR ANY MEMBER OF SUCH TENANT'S
FAMILY ACTUALLY RESIDING ON THE PREMISES, MAY STAY THE ISSUANCE OF A
WARRANT AND ALSO STAY ANY EXECUTION TO COLLECT THE COSTS OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06534-02-9
A. 3646 2
PROCEEDING FOR A PERIOD OF NOT MORE THAN FOUR MONTHS, IF IT APPEARS THAT
THE PREMISES DESCRIBED IN THE PETITION ARE USED FOR DWELLING PURPOSES;
THAT THE APPLICATION IS MADE IN GOOD FAITH; THAT THE APPLICANT CANNOT
WITHIN THE NEIGHBORHOOD SECURE SUITABLE PREMISES SIMILAR TO THOSE OCCU-
PIED BY HIM OR HER AND THAT HE OR SHE MADE DUE AND REASONABLE EFFORTS
TO SECURE SUCH OTHER PREMISES, OR THAT BY REASON OF OTHER FACTS IT
WOULD OCCASION EXTREME HARDSHIP TO HIM OR HER OR HIS OR HER FAMILY IF
THE STAY WERE NOT GRANTED.
(B) SUCH STAY SHALL BE GRANTED AND CONTINUE EFFECTIVE ONLY UPON THE
CONDITION THAT THE PERSON AGAINST WHOM THE JUDGMENT IS ENTERED SHALL
MAKE A DEPOSIT IN COURT OF THE ENTIRE AMOUNT, OR SUCH INSTALLMENTS
THEREOF FROM TIME TO TIME, AS THE COURT MAY DIRECT, FOR THE OCCUPATION
OF THE PREMISES FOR THE PERIOD OF THE STAY, AT THE RATE FOR WHICH HE OR
SHE WAS LIABLE AS RENT FOR THE MONTH IMMEDIATELY PRIOR TO THE EXPIRATION
OF HIS OR HER TERM OR TENANCY, PLUS SUCH ADDITIONAL AMOUNT, IF ANY, AS
THE COURT MAY DETERMINE TO BE THE DIFFERENCE BETWEEN SUCH RENT AND THE
REASONABLE RENT OR VALUE OF THE USE AND OCCUPATION OF THE PREMISES; SUCH
DEPOSIT SHALL ALSO INCLUDE ALL RENT UNPAID BY THE TENANT PRIOR TO THE
STAY. THE AMOUNT OF SUCH DEPOSIT SHALL BE DETERMINED BY THE COURT UPON
THE APPLICATION FOR THE STAY AND SUCH DETERMINATION SHALL BE FINAL AND
CONCLUSIVE IN RESPECT TO THE AMOUNT OF SUCH DEPOSIT, AND THE AMOUNT
THEREOF SHALL BE PAID INTO COURT, IN SUCH MANNER AND IN SUCH INSTALL-
MENTS, IF ANY, AS THE COURT MAY DIRECT. A SEPARATE ACCOUNT SHALL BE KEPT
OF THE AMOUNT TO THE CREDIT OF EACH PROCEEDING, AND ALL SUCH PAYMENTS
SHALL BE DEPOSITED IN A BANK OR TRUST COMPANY AND SHALL BE SUBJECT TO
THE CHECK OF THE CLERK OF THE COURT, IF THERE BE ONE, OR OTHERWISE OF
THE COURT. THE CLERK OF THE COURT, IF THERE BE ONE, OR OTHERWISE THE
COURT SHALL PAY TO THE LANDLORD OR HIS OR HER DULY AUTHORIZED AGENT, THE
AMOUNT OF SUCH DEPOSIT IN ACCORDANCE WITH THE TERMS OF THE STAY OR THE
FURTHER ORDER OF THE COURT.
(C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PROCEEDING
WHERE THE PETITIONER SHOWS TO THE SATISFACTION OF THE COURT THAT HE OR
SHE DESIRES IN GOOD FAITH TO RECOVER THE PREMISES FOR THE PURPOSES OF
DEMOLISHING SAME WITH THE INTENTION OF CONSTRUCTING A NEW BUILDING,
PLANS FOR WHICH NEW BUILDING SHALL HAVE BEEN DULY FILED AND APPROVED BY
THE PROPER AUTHORITY; NOR SHALL IT APPLY TO A PROCEEDING TO RECOVER
POSSESSION UPON THE GROUND THAT A TENANT IS HOLDING OVER AND IS ENGAGING
IN ILLEGAL ACTIVITY ON THE PREMISES IF THE LANDLORD SHALL ESTABLISH TO
THE SATISFACTION OF THE COURT THAT SUCH TENANT IS ENGAGING IN SUCH
ACTIVITY.
(D) ANY PROVISION OF A LEASE OR OTHER AGREEMENT WHEREBY A LESSEE OR
TENANT WAIVES ANY PROVISION OF THIS SUBDIVISION SHALL BE DEEMED AGAINST
PUBLIC POLICY AND VOID.
3. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS MEAN:
(A) "FAMILY" MEANS THE HEAD OF THE HOUSEHOLD AND ANY PERSON, OTHER
THAN A BONA FIDE ROOMER, BOARDER OR SUBTENANT WHO IS NOT RELATED TO THE
HEAD OF THE HOUSEHOLD, PERMANENTLY RESIDING IN THE DWELLING UNIT; AND
(B) "DISABLED" MEANS THE SAME AS "DISABLED PERSON" AS DEFINED IN
SUBDIVISION FIVE OF SECTION TWO HUNDRED EIGHT OF THE SOCIAL SERVICES
LAW.
S 2. Section 232-b of the real property law, as added by chapter 813
of the laws of 1942, is amended to read as follows:
S 232-b. Notification to terminate monthly tenancy or tenancy from
month to month outside the city of New York. 1. A monthly tenancy or
tenancy from month to month of any lands or buildings located outside of
the city of New York may be terminated by the landlord or the tenant
A. 3646 3
upon his OR HER notifying the other at least one month before the expi-
ration of the term of his OR HER election to terminate; provided, howev-
er, that no notification shall be necessary to terminate a tenancy for a
definite term.
2. (A) FOR THE PURPOSES OF THIS SECTION, THE TERM "DISABLED" MEANS
THE SAME AS "DISABLED PERSON" AS DEFINED IN SUBDIVISION FIVE OF SECTION
TWO HUNDRED EIGHT OF THE SOCIAL SERVICES LAW.
(B) IN A PROCEEDING TO RECOVER THE POSSESSION OF PREMISES OUTSIDE THE
CITY OF NEW YORK OCCUPIED FOR DWELLING PURPOSES, OTHER THAN A ROOM OR
ROOMS IN A HOTEL, LODGING HOUSE OR ROOMING HOUSE, UPON THE GROUND THAT
THE TENANT OR ANY MEMBER OF SUCH TENANT'S FAMILY ACTUALLY RESIDING ON
THE PREMISES, IS DISABLED, IS HOLDING OVER AND CONTINUING IN POSSESSION
OF THE PREMISES AFTER THE EXPIRATION OF HIS OR HER TERM AND WITHOUT THE
PERMISSION OF THE LANDLORD, OR, IN A CASE WHERE A NEW LESSEE IS ENTITLED
TO POSSESSION, WITHOUT THE PERMISSION OF THE NEW LESSEE, THE COURT, ON
APPLICATION OF SUCH TENANT OR ANY MEMBER OF SUCH TENANT'S FAMILY ACTUAL-
LY RESIDING ON THE PREMISES, MAY STAY THE ISSUANCE OF A WARRANT AND ALSO
STAY ANY EXECUTION TO COLLECT THE COSTS OF THE PROCEEDING FOR A PERIOD
OF NOT MORE THAN FOUR MONTHS, IF IT APPEARS THAT THE PREMISES DESCRIBED
IN THE PETITION ARE USED FOR DWELLING PURPOSES; THAT THE APPLICATION IS
MADE IN GOOD FAITH; THAT THE APPLICANT CANNOT WITHIN THE NEIGHBORHOOD
SECURE SUITABLE PREMISES SIMILAR TO THOSE OCCUPIED BY HIM OR HER AND
THAT HE OR SHE MADE DUE AND REASONABLE EFFORTS TO SECURE SUCH OTHER
PREMISES, OR THAT BY REASON OF OTHER FACTS IT WOULD OCCASION EXTREME
HARDSHIP TO HIM OR HER OR HIS OR HER FAMILY IF THE STAY WERE NOT GRANT-
ED.
(C) SUCH STAY SHALL BE GRANTED AND CONTINUE EFFECTIVE ONLY UPON THE
CONDITION THAT THE PERSON AGAINST WHOM THE JUDGMENT IS ENTERED SHALL
MAKE A DEPOSIT IN COURT OF THE ENTIRE AMOUNT, OR SUCH INSTALLMENTS
THEREOF FROM TIME TO TIME, AS THE COURT MAY DIRECT, FOR THE OCCUPATION
OF THE PREMISES FOR THE PERIOD OF THE STAY, AT THE RATE FOR WHICH HE OR
SHE WAS LIABLE AS RENT FOR THE MONTH IMMEDIATELY PRIOR TO THE EXPIRATION
OF HIS OR HER TERM OR TENANCY, PLUS SUCH ADDITIONAL AMOUNT, IF ANY, AS
THE COURT MAY DETERMINE TO BE THE DIFFERENCE BETWEEN SUCH RENT AND THE
REASONABLE RENT OR VALUE OF THE USE AND OCCUPATION OF THE PREMISES; SUCH
DEPOSIT SHALL ALSO INCLUDE ALL RENT UNPAID BY THE TENANT PRIOR TO THE
STAY. THE AMOUNT OF SUCH DEPOSIT SHALL BE DETERMINED BY THE COURT UPON
THE APPLICATION FOR THE STAY AND SUCH DETERMINATION SHALL BE FINAL AND
CONCLUSIVE IN RESPECT TO THE AMOUNT OF SUCH DEPOSIT, AND THE AMOUNT
THEREOF SHALL BE PAID INTO COURT, IN SUCH MANNER AND IN SUCH INSTALL-
MENTS, IF ANY, AS THE COURT MAY DIRECT. A SEPARATE ACCOUNT SHALL BE KEPT
OF THE AMOUNT TO THE CREDIT OF EACH PROCEEDING, AND ALL SUCH PAYMENTS
SHALL BE DEPOSITED IN A BANK OR TRUST COMPANY AND SHALL BE SUBJECT TO
THE CHECK OF THE CLERK OF THE COURT, IF THERE BE ONE, OR OTHERWISE OF
THE COURT. THE CLERK OF THE COURT, IF THERE BE ONE, OR OTHERWISE THE
COURT SHALL PAY TO THE LANDLORD OR HIS OR HER DULY AUTHORIZED AGENT, THE
AMOUNT OF SUCH DEPOSIT IN ACCORDANCE WITH THE TERMS OF THE STAY OR THE
FURTHER ORDER OF THE COURT.
(D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PROCEEDING
WHERE THE PETITIONER SHOWS TO THE SATISFACTION OF THE COURT THAT HE OR
SHE DESIRES IN GOOD FAITH TO RECOVER THE PREMISES FOR THE PURPOSES OF
DEMOLISHING SAME WITH THE INTENTION OF CONSTRUCTING A NEW BUILDING,
PLANS FOR WHICH NEW BUILDING SHALL HAVE BEEN DULY FILED AND APPROVED BY
THE PROPER AUTHORITY; NOR SHALL IT APPLY TO A PROCEEDING TO RECOVER
POSSESSION UPON THE GROUND THAT A TENANT IS HOLDING OVER AND IS OBJEC-
A. 3646 4
TIONABLE IF THE LANDLORD SHALL ESTABLISH TO THE SATISFACTION OF THE
COURT THAT SUCH TENANT IS OBJECTIONABLE.
(E) ANY PROVISION OF A LEASE OR OTHER AGREEMENT WHEREBY A LESSEE OR
TENANT WAIVES ANY PROVISION OF THIS SUBDIVISION SHALL BE DEEMED AGAINST
PUBLIC POLICY AND VOID.
S 3. This act shall take effect immediately and shall apply to any
eviction notice issued on and after such effective date.