assembly Bill A11009

2017-2018 Legislative Session

Relates to termination of a residential lease upon the death of a tenant

download bill text pdf

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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
May 29, 2018 referred to housing

A11009 (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4497
2021-2022: A4933

A11009 (ACTIVE) - Summary

Permits an executor or administrator of an estate of a tenant who dies during the term of a residential lease to terminate such lease after written notice to the landlord.

A11009 (ACTIVE) - Bill Text download pdf


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

                                  11009

                          I N  A S S E M B L Y

                              May 29, 2018
                               ___________

Introduced  by  M. of A. STEC -- read once and referred to the Committee
  on Housing

AN ACT to amend the real property law,  in  relation  to  terminating  a
  residential lease upon death of a tenant

  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.  DEATH  OF TENANT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, AND OUTSIDE A CITY  WITH  A  POPULATION  OF  ONE  MILLION  OR  MORE
PERSONS,  IF  THE  DECEASED TENANT IS THE SOLE TENANT OF THE RESIDENTIAL
UNIT, THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF A TENANT  WHO  DIES
DURING  THE  TERM OF A RESIDENTIAL LEASE SHALL HAVE THE OPTION TO TERMI-
NATE THE LEASE UPON FOURTEEN DAYS' WRITTEN NOTICE TO THE  LANDLORD  UPON
THE LATER OF:
  (A)  THE LAST DAY OF THE SECOND CALENDAR MONTH THAT FOLLOWS THE CALEN-
DAR MONTH IN WHICH THE TENANT DIED; OR
  (B) SURRENDER OF THE RENTAL UNIT AND REMOVAL OF ALL  OF  THE  TENANT'S
PERSONAL PROPERTY.
  2.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RELIEVE THE TENANT'S
ESTATE OF LIABILITY FOR RENT MONEY OR ANY OTHER DEBT INCURRED  PRIOR  TO
THE  DATE OF TERMINATION OF THE LEASE, INCLUDING DAMAGES TO THE PREMISES
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 OR INADEQUATE NOTICE AS A RESULT
OF TERMINATING A LEASE UNDER SUBDIVISION ONE OF THIS SECTION.
  § 2. This act shall take effect immediately and  shall  apply  to  all
leases entered into or extended on or after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16084-01-8