assembly Bill A6028C

2017-2018 Legislative Session

Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Assembly


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 20, 2018 referred to judiciary
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.429
returned to assembly
died in senate
Jun 21, 2017 referred to rules
delivered to senate
passed assembly
Jun 20, 2017 ordered to third reading rules cal.592
rules report cal.592
reported
reported referred to rules
Jun 19, 2017 reported referred to codes
Jun 18, 2017 print number 6028c
Jun 18, 2017 amend (t) and recommit to housing
Jun 14, 2017 print number 6028b
Jun 14, 2017 amend and recommit to housing
Mar 17, 2017 print number 6028a
Mar 17, 2017 amend and recommit to housing
Feb 21, 2017 referred to housing

A6028 - Details

See Senate Version of this Bill:
S4970
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
A2118, S3891

A6028 - Summary

Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities.

A6028 - Bill Text download pdf


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

                                  6028

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2017
                               ___________

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

AN  ACT  to amend the real property law, in relation to individuals with
  disabilities being able to terminate their leases  when  moving  to  a
  residence  of  a  family member, entering certain facilities or due to
  financial changes

  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-e to read as follows:
  § 227-E. TERMINATION OF RESIDENTIAL LEASE WHEN MOVING TO  A  RESIDENCE
OF  A  FAMILY  MEMBER,  ENTERING  CERTAIN FACILITIES OR DUE TO FINANCIAL
CHANGES DUE TO A DISABILITY. 1. FOR THE PURPOSES  OF  THIS  SECTION,  AN
"INDIVIDUAL WITH A DISABILITY" SHALL MEAN A PERSON WITH:
  (A)  A  PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR
MORE OF THE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
  (B) A RECORD OF SUCH AN IMPAIRMENT; OR
  (C) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT.
  2. IN ANY LEASE OR RENTAL AGREEMENT  COVERING  PREMISES  OCCUPIED  FOR
DWELLING  PURPOSES  IN  WHICH A LESSEE OR TENANT IS AN INDIVIDUAL WITH A
DISABILITY, OR BECOMES AN INDIVIDUAL WITH A DISABILITY DURING  THE  TERM
OF SUCH LEASE OR RENTAL AGREEMENT, OR A HUSBAND OR WIFE OF SUCH A PERSON
RESIDING  WITH  HIM  OR  HER,  THERE  SHALL BE IMPLIED A COVENANT BY THE
LESSOR OR OWNER TO PERMIT SUCH LESSEE OR TENANT TO TERMINATE SUCH  LEASE
OR  RENTAL  AGREEMENT AND QUIT AND SURRENDER POSSESSION OF THE LEASEHOLD
PREMISES, AND OF THE LAND SO LEASED OR  OCCUPIED;  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 THREE  OF  THIS
SECTION;  AND  TO  ADJUST  TO  THE  DATE  OF SURRENDER ANY RENT OR OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08746-01-7

A6028A - Details

See Senate Version of this Bill:
S4970
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
A2118, S3891

A6028A - Summary

Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities.

A6028A - Bill Text download pdf


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

                                 6028--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2017
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on Housing -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the real property law, in relation to individuals with
  disabilities being able to terminate their leases  when  moving  to  a
  residence  of  a  family member, entering certain facilities or due to
  financial changes

  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-e to read as follows:
  § 227-E. TERMINATION OF RESIDENTIAL LEASE WHEN MOVING TO  A  RESIDENCE
OF  A  FAMILY MEMBER OR ENTERING CERTAIN FACILITIES DUE TO A DISABILITY.
1. FOR THE PURPOSES OF THIS SECTION, AN "INDIVIDUAL WITH  A  DISABILITY"
SHALL MEAN A PERSON:
  (A) WITH A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE
OR MORE OF THE MAJOR LIFE ACTIVITIES OF SUCH INDIVIDUAL;
  (B) WITH A RECORD OF SUCH AN IMPAIRMENT; OR
  (C) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT.
  2.  IN  ANY  LEASE  OR RENTAL AGREEMENT COVERING PREMISES OCCUPIED FOR
DWELLING PURPOSES IN WHICH A LESSEE OR TENANT IS AN  INDIVIDUAL  WITH  A
DISABILITY,  OR  BECOMES AN INDIVIDUAL WITH A DISABILITY DURING THE TERM
OF SUCH LEASE OR RENTAL AGREEMENT, OR A HUSBAND OR WIFE OF SUCH A PERSON
RESIDING WITH HIM OR HER, THERE SHALL  BE  IMPLIED  A  COVENANT  BY  THE
LESSOR  OR OWNER TO PERMIT SUCH LESSEE OR TENANT TO TERMINATE SUCH LEASE
OR RENTAL AGREEMENT AND QUIT AND SURRENDER POSSESSION OF  THE  LEASEHOLD
PREMISES,  AND  OF  THE  LAND  SO LEASED OR OCCUPIED; 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 THREE OF THIS
SECTION; AND TO ADJUST TO THE  DATE  OF  SURRENDER  ANY  RENT  OR  OTHER

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

A6028B - Details

See Senate Version of this Bill:
S4970
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
A2118, S3891

A6028B - Summary

Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities.

A6028B - Bill Text download pdf


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

                                 6028--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2017
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on Housing -- committee discharged, bill amended, ordered reprinted as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to amend the real property law, in relation to individuals with
  disabilities being able to terminate their leases  when  moving  to  a
  residence  of  a  family member, entering certain facilities or due to
  financial changes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 227-a of the real property law, as amended by chap-
ter  313  of  the  laws  of 1999, subdivision 2 as separately amended by
chapter 314 of the laws of 1999, is amended to read as follows:
  § 227-a. Termination of residential lease by senior citizens OR  INDI-
VIDUALS  WITH  A  DISABILITY moving to a residence of a family member or
entering certain health care facilities, adult care facilities or  hous-
ing  projects.  1.  In  any  lease or rental agreement covering premises
occupied for dwelling purposes in which  a  lessee  or  tenant  has  (A)
attained  the  age  of sixty-two years or older, or will attain such age
during the term of such lease or rental agreement OR (B) IS AN  INDIVID-
UAL WITH A "DISABILITY", AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION
TWO  HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE LAW or a husband or wife OR
DEPENDENT of such a person residing with him  or  her,  there  shall  be
implied  a  covenant  by  the  lessor  or owner to permit such lessee or
tenant: [(a)] (I) who is certified by a physician as no longer able, for
medical reasons, to live independently in such  premises  and  requiring
assistance  with  instrumental  activities  of  daily living or personal
activities of daily living, and who will move to a residence of a member
of his or her family, or [(b)] (II) who is notified of his or her oppor-
tunity to commence occupancy in an adult care facility  (as  defined  in

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

Co-Sponsors

A6028C (ACTIVE) - Details

See Senate Version of this Bill:
S4970
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
A2118, S3891

A6028C (ACTIVE) - Summary

Relates to individuals with disabilities being able to terminate their leases when moving to a residence of a family member or entering certain facilities.

A6028C (ACTIVE) - Bill Text download pdf


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

                                 6028--C

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2017
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on Housing -- committee discharged, bill amended, ordered reprinted as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted  to  said  committee  --  again  reported from said committee with
  amendments, ordered reprinted  as  amended  and  recommitted  to  said
  committee

AN  ACT  to amend the real property law, in relation to individuals with
  disabilities being able to terminate their leases  when  moving  to  a
  residence of a family member or entering certain facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 227-a of the real property law, as amended by chap-
ter 313 of the laws of 1999, subdivision  2  as  separately  amended  by
chapter 314 of the laws of 1999, is amended to read as follows:
  §  227-a. Termination of residential lease by senior citizens OR INDI-
VIDUALS WITH A DISABILITY moving to a residence of a  family  member  or
entering  certain health care facilities, adult care facilities or hous-
ing projects. 1. In any lease  or  rental  agreement  covering  premises
occupied  for  dwelling  purposes  in  which  a lessee or tenant has (A)
attained the age of sixty-two years or older, or will  attain  such  age
during  the term of such lease or rental agreement OR (B) IS AN INDIVID-
UAL WITH A "DISABILITY", AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION
TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW or  a  husband  or  wife  OR
DEPENDENT  of  such  a  person  residing with him or her, there shall be
implied a covenant by the lessor or  owner  to  permit  such  lessee  or
tenant: [(a)] (I) who is certified by a physician as no longer able, for
medical  reasons,  to  live independently in such premises and requiring
assistance with instrumental activities  of  daily  living  or  personal
activities of daily living, and who will move to a residence of a member
of his or her family, or [(b)] (II) who is notified of his or her oppor-

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