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
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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.