S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8700

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2009
                               ___________

Introduced by M. of A. ALESSI -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the real property law, in relation to the termination of
  a  residential  lease  by  a  tenant  due to adverse health effects of
  second-hand smoke resulting from  smoking  of  other  tenants  in  the
  building

  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
227-d to read as follows:
  S  227-D.  TERMINATION OF RESIDENTIAL LEASE BY A TENANT DUE TO ADVERSE
EFFECTS OF SECOND-HAND SMOKE FROM OTHER TENANTS IN THE BUILDING.  1.  IN
ANY  LEASE  OR  RENTAL AGREEMENT COVERING PREMISES OCCUPIED FOR DWELLING
PURPOSES IN WHICH A LESSEE OR TENANT IS RESIDING  IN  A  BUILDING  WHERE
OTHER  TENANTS  ARE PERMITTED TO SMOKE THERE SHALL BE IMPLIED A COVENANT
BY THE LESSOR OR OWNER TO PERMIT SUCH LESSEE OR TENANT WHO IS  CERTIFIED
BY  A  PHYSICIAN  AS  BEING  ADVERSELY  AFFECTED BY SECOND-HAND SMOKE TO
TERMINATE  SUCH  LEASE  OR  RENTAL  AGREEMENT  AND  QUIT  AND  SURRENDER
POSSESSION OF THE LEASEHOLD PREMISES, AND OF THE LAND SO LEASED OR OCCU-
PIED;  AND  TO RELEASE THE LESSEE OR TENANT FROM ANY LIABILITY TO PAY TO
THE LESSOR OR OWNER, RENT OR OTHER PAYMENTS IN LIEU OF RENT FOR THE TIME
SUBSEQUENT TO THE DATE OF TERMINATION OF SUCH LEASE IN  ACCORDANCE  WITH
SUBDIVISION  TWO OF THIS SECTION; AND TO ADJUST TO THE DATE OF SURRENDER
ANY RENT OR OTHER PAYMENTS MADE IN ADVANCE OR WHICH HAVE ACCRUED BY  THE
TERMS OF SUCH LEASE OR RENTAL AGREEMENT.
  2.  ANY  LEASE  OR RENTAL AGREEMENT COVERED BY SUBDIVISION ONE OF THIS
SECTION MAY BE TERMINATED BY NOTICE IN WRITING DELIVERED TO  THE  LESSOR
OR OWNER OR TO THE LESSOR'S OR OWNER'S AGENT BY A LESSEE OR TENANT. SUCH
TERMINATION  SHALL  BE  EFFECTIVE  NO EARLIER THAN THIRTY DAYS AFTER THE
DATE ON WHICH THE NEXT RENTAL PAYMENT SUBSEQUENT TO THE DATE  WHEN  SUCH
NOTICE IS DELIVERED IS DUE AND PAYABLE. SUCH NOTICE SHALL BE ACCOMPANIED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11884-01-9
              

A. 8700                             2

BY NOTARIZED DOCUMENTATION OF THE PHYSICIAN'S CERTIFICATION. SUCH NOTICE
SHALL BE DEEMED DELIVERED FIVE DAYS AFTER MAILING.
  3.  ANY PERSON WHO SHALL KNOWINGLY SEIZE, HOLD, OR DETAIN THE PERSONAL
EFFECTS, CLOTHING, FURNITURE OR OTHER PROPERTY OF  ANY  PERSON  WHO  HAS
LAWFULLY  TERMINATED A LEASE OR RENTAL AGREEMENT COVERED BY THIS SECTION
OR THE SPOUSE OR DEPENDENT OF ANY SUCH PERSON, OR IN ANY  MANNER  INTER-
FERES  WITH  THE  REMOVAL  OF SUCH PROPERTY FROM THE PREMISES COVERED BY
SUCH LEASE OR  RENTAL  AGREEMENT,  FOR  THE  PURPOSE  OF  SUBJECTING  OR
ATTEMPTING TO SUBJECT ANY OF SUCH PROPERTY TO A PURPORTED CLAIM FOR RENT
ACCRUING  SUBSEQUENT  TO THE DATE OF TERMINATION OF SUCH LEASE OR RENTAL
AGREEMENT, OR ATTEMPTS SO TO DO, SHALL BE GUILTY OF  A  MISDEMEANOR  AND
SHALL  BE PUNISHED BY IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY FINE NOT
TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  4. EACH OWNER OR LESSOR OF A FACILITY OR UNIT INTO WHICH A  LESSEE  OR
TENANT  IS  ENTITLED TO MOVE AFTER QUITTING AND SURRENDERING AS PROVIDED
FOR IN THIS SECTION  SHALL  IN  WRITING,  UPON  AN  APPLICATION,  NOTIFY
PROSPECTIVE  TENANTS OF THE PROVISION OF THIS SECTION. SUCH NOTICE SHALL
INCLUDE, IN PLAIN AND SIMPLE ENGLISH, IN CONSPICUOUS PRINT OF  AT  LEAST
EIGHTEEN POINT TYPE, AN EXPLANATION OF A TENANT'S RIGHT TO TERMINATE THE
EXISTING LEASE AND ALL OTHER APPLICABLE REQUIREMENTS AND DUTIES RELATING
THERETO.
  5. ANY AGREEMENT BY A LESSEE OR TENANT OF PREMISES OCCUPIED FOR DWELL-
ING PURPOSES WAIVING OR MODIFYING HIS OR HER RIGHTS AS SET FORTH IN THIS
SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.