assembly Bill A9460

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2016 referred to aging

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A9460 (ACTIVE) - Details

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

A9460 (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.

A9460 (ACTIVE) - Bill Text download pdf

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

                                  9460

                          I N  A S S E M B L Y

                              March 7, 2016
                               ___________

Introduced  by M. of A. BUCHWALD, MAYER -- read once and referred to the
  Committee on Aging

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:
  S 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  SUCH  AS THE NON-PAYMENT OF RENT, WITHOUT THE
PRIOR APPROVAL OF A COURT OF COMPETENT JURISDICTION.
  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.

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