The New York State Senate

                    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

A. 6028                             2

PAYMENTS MADE IN ADVANCE OR WHICH HAVE ACCRUED  BY  THE  TERMS  OF  SUCH
LEASE OR RENTAL AGREEMENT WHEN SUCH LESSEE OR TENANT:
  (A) HAS SUCH A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO BEING AN INDI-
VIDUAL  WITH A DISABILITY, ESPECIALLY RELATING TO MEDICAL EXPENSES, THAT
IT BECOMES UNTENABLE FOR HIM OR HER TO MAINTAIN HIS OR HER CURRENT HOUS-
ING SITUATION;
  (B) IS CERTIFIED BY  A  PHYSICIAN  AS  NO  LONGER  ABLE,  FOR  MEDICAL
REASONS,  TO LIVE IN SUCH PREMISES AND WHO WILL MOVE TO A RESIDENCE OF A
MEMBER OF HIS OR HER FAMILY;
  (C) IS CERTIFIED BY A PHYSICIAN AS NO LONGER ABLE,  DUE  TO  BOTH  THE
STRUCTURE OF THE PREMISES AND MEDICAL REASONS, TO CARRY OUT INSTRUMENTAL
ACTIVITIES OF DAILY LIVING OR PERSONAL ACTIVITIES OF DAILY LIVING; OR
  (D) IS NOTIFIED OF HIS OR HER OPPORTUNITY TO COMMENCE OCCUPANCY IN:
  (I)  AN  ADULT  CARE FACILITY (AS DEFINED IN SUBDIVISION TWENTY-ONE OF
SECTION TWO OF THE SOCIAL SERVICES LAW) EXCEPT FOR A SHELTER FOR  ADULTS
(AS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF SUCH LAW);
  (II)  A  RESIDENTIAL  HEALTH  CARE FACILITY (AS DEFINED IN SECTION TWO
THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW);
  (III) SUPPORTIVE HOUSING (AS DEFINED IN  SECTION  TWO  THOUSAND  EIGHT
HUNDRED TWENTY-THREE OF THE PUBLIC HEALTH LAW); OR
  (IV)  A  HOUSING UNIT WHICH RECEIVES SUBSTANTIAL ASSISTANCE OF GRANTS,
LOANS OR SUBSIDIES FROM ANY FEDERAL, STATE OR LOCAL AGENCY OR INSTRUMEN-
TALITY, OR ANY NOT-FOR-PROFIT PHILANTHROPIC ORGANIZATION  ONE  OF  WHOSE
PRIMARY PURPOSES IS PROVIDING LOW OR MODERATE INCOME HOUSING, OR IN LESS
EXPENSIVE  PREMISES  IN  A  HOUSING  PROJECT  OR COMPLEX ERECTED FOR THE
SPECIFIC PURPOSE OF HOUSING INDIVIDUALS WITH DISABILITIES.
  3. ANY LEASE OR RENTAL AGREEMENT COVERED BY SUBDIVISION  TWO  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  DEEMED
DELIVERED  FIVE  DAYS AFTER MAILING. SUCH NOTICE SHALL BE ACCOMPANIED BY
DOCUMENTATION OF THE PHYSICIAN'S CERTIFICATION AND:
  (A) A NOTARIZED STATEMENT FROM THE INDIVIDUAL WITH A DISABILITY  STAT-
ING  THAT  THE  CURRENT HOUSING SITUATION IS UNTENABLE DUE TO CHANGES IN
FINANCIAL CIRCUMSTANCES AND SUPPORTING DOCUMENTATION SHOWING SUCH CHANG-
ES;
  (B) A NOTARIZED STATEMENT FROM A FAMILY MEMBER STATING THAT THE  INDI-
VIDUAL  WITH A DISABILITY IS RELATED AND WILL BE MOVING INTO THEIR PLACE
OF RESIDENCE FOR A PERIOD OF NOT LESS THAN SIX MONTHS;
  (C) DOCUMENTATION OF ADMISSION OR PENDING ADMISSION  CONSISTING  OF  A
COPY OF AN EXECUTED LEASE OR CONTRACT BETWEEN THE LESSEE OR TENANT AND A
FACILITY SET FORTH IN SUBDIVISION TWO OF THIS SECTION; OR
  (D)  DOCUMENTATION FROM A MEDICAL PROFESSIONAL CERTIFYING THE NEED FOR
THE TENANT TO LEAVE THE CURRENT APARTMENT BECAUSE IT IS NO LONGER  SUIT-
ABLE  TO  MEET THE TENANT'S DISABILITY NEEDS. NO DIAGNOSIS, TREATMENT OR
OTHER DETAILS ABOUT THE TENANT'S MEDICAL CONDITION SHOULD BE DISCLOSED.
  4. 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

A. 6028                             3

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.
  5.  ANY  PERSON  WHO SHALL KNOWINGLY WITHHOLD ANY DEPOSIT TO BE REPAID
UPON TERMINATION OF THE LEASE, SUCH AS A SECURITY DEPOSIT, 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 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.
  6.  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  HEREIN  SHALL  IN  WRITING, UPON AN APPLICATION, NOTIFY PROSPECTIVE
TENANTS OF THE PROVISIONS 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 TENANTS RIGHT TO TERMINATE THE EXISTING
LEASE AND ALL OTHER APPLICABLE REQUIREMENTS AND DUTIES RELATING THERETO.
SUCH NOTICE SHALL READ AS FOLLOWS:

                NOTICE TO INDIVIDUALS WITH DISABILITIES:
                      RESIDENTIAL LEASE TERMINATION

SECTION 227-E OF THE REAL PROPERTY LAW OF THE STATE OF NEW  YORK  ALLOWS
FOR  THE  TERMINATION OF A RESIDENTIAL LEASE BY INDIVIDUALS WITH A DISA-
BILITY MOVING TO A RESIDENCE OF A  FAMILY  MEMBER  OR  ENTERING  CERTAIN
HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS.
WHO IS ELIGIBLE?
ANY  LESSEE  OR  TENANT  WHO  IS AN INDIVIDUAL WITH A DISABILITY, OR WHO
BECOMES AN INDIVIDUAL WITH A DISABILITY DURING THE TERM OF THE LEASE  OR
RENTAL AGREEMENT, OR A SPOUSE OF SUCH PERSON RESIDING WITH HIM OR HER.
WHAT KIND OF FACILITIES DOES THIS LAW APPLY TO?
THIS  LAW  WILL  APPLY IF THE INDIVIDUAL WITH A DISABILITY IS RELOCATING
TO:
A. AN ADULT CARE FACILITY;
B. A RESIDENTIAL HEALTH CARE FACILITY;
C. SUBSIDIZED LOW INCOME HOUSING;
D. SENIOR CITIZEN HOUSING; OR
E. A RESIDENCE OF A FAMILY MEMBER.
WHAT ARE THE RESPONSIBILITIES OF THE RENTAL PROPERTY OWNER?
WHEN THE TENANT GIVES NOTICE OF HIS OR HER OPPORTUNITY TO MOVE INTO  ONE
OF THE ABOVE FACILITIES THE LANDLORD MUST ALLOW:
A. FOR THE TERMINATION OF THE LEASE OR RENTAL AGREEMENT, AND
B.  THE  RELEASE  OF  THE TENANT FROM ANY LIABILITY TO PAY RENT OR OTHER
PAYMENTS IN LIEU OF RENT FROM THE TERMINATION OF THE LEASE IN ACCORDANCE
WITH SECTION 227-E OF THE REAL PROPERTY LAW, TO THE TIME OF THE ORIGINAL
TERMINATION DATE, AND
C. TO ADJUST ANY PAYMENTS MADE IN ADVANCE OR PAYMENTS WHICH HAVE ACCRUED
BY THE TERMS OF SUCH LEASE OR RENTAL AGREEMENT.
HOW DO YOU TERMINATE THE LEASE?
IF THE TENANT CAN MOVE INTO ONE OF THE SPECIFIED FACILITIES, HE  OR  SHE
MUST  TERMINATE THE LEASE OR AGREEMENT IN WRITING NO EARLIER THAN THIRTY
DAYS AFTER THE DATE ON WHICH THE NEXT RENTAL PAYMENT (AFTER  THE  NOTICE
IS  DELIVERED)  IS  DUE AND PAYABLE. THE NOTICE IS DEEMED DELIVERED FIVE

A. 6028                             4

DAYS AFTER BEING MAILED. THE WRITTEN NOTICE MUST  INCLUDE  DOCUMENTATION
OF  ADMISSION OR PENDING ADMISSION TO ONE OF THE ABOVE MENTIONED FACILI-
TIES.
FOR EXAMPLE: MAIL THE NOTICE: MAY 5TH
NOTICE RECEIVED: MAY 10TH
NEXT RENTAL PAYMENT DUE: JUNE 1ST
TERMINATION EFFECTIVE: JULY 1ST
WILL THE LANDLORD FACE PENALTIES IF HE OR SHE DOES NOT COMPLY?
YES,  ACCORDING  TO  SECTION  227-E  OF THE REAL PROPERTY LAW, IF ANYONE
INTERFERES WITH THE REMOVAL OF YOUR PROPERTY FROM THE PREMISES THEY WILL
BE GUILTY OF A MISDEMEANOR AND WILL BE EITHER IMPRISONED FOR UP  TO  ONE
YEAR OR FINED UP TO $1000.00 OR BOTH.
  7. 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.
  § 2. This act shall take effect immediately.

                    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.

                                                           LBD08746-02-7

A. 6028--A                          2

PAYMENTS  MADE  IN  ADVANCE  OR  WHICH HAVE ACCRUED BY THE TERMS OF SUCH
LEASE OR RENTAL AGREEMENT WHEN SUCH LESSEE OR TENANT:
  (A)  IS  CERTIFIED  BY  A  PHYSICIAN  AS  NO  LONGER ABLE, FOR MEDICAL
REASONS, TO LIVE IN SUCH PREMISES AND WHO WILL MOVE TO A RESIDENCE OF  A
MEMBER OF HIS OR HER FAMILY;
  (B)  IS  CERTIFIED  BY  A PHYSICIAN AS NO LONGER ABLE, DUE TO BOTH THE
STRUCTURE OF THE PREMISES AND MEDICAL REASONS, TO CARRY OUT INSTRUMENTAL
ACTIVITIES OF DAILY LIVING OR PERSONAL ACTIVITIES OF DAILY LIVING; OR
  (C) IS NOTIFIED OF HIS OR HER OPPORTUNITY TO COMMENCE OCCUPANCY IN:
  (I) AN ADULT CARE FACILITY (AS DEFINED IN  SUBDIVISION  TWENTY-ONE  OF
SECTION  TWO OF THE SOCIAL SERVICES LAW) EXCEPT FOR A SHELTER FOR ADULTS
(AS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF SUCH LAW);
  (II) A RESIDENTIAL HEALTH CARE FACILITY (AS  DEFINED  IN  SECTION  TWO
THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW);
  (III)  SUPPORTIVE  HOUSING  (AS  DEFINED IN SECTION TWO THOUSAND EIGHT
HUNDRED TWENTY-THREE OF THE PUBLIC HEALTH LAW); OR
  (IV) A HOUSING UNIT WHICH RECEIVES SUBSTANTIAL ASSISTANCE  OF  GRANTS,
LOANS OR SUBSIDIES FROM ANY FEDERAL, STATE OR LOCAL AGENCY OR INSTRUMEN-
TALITY,  OR  ANY  NOT-FOR-PROFIT PHILANTHROPIC ORGANIZATION ONE OF WHOSE
PRIMARY PURPOSES IS PROVIDING LOW OR MODERATE INCOME HOUSING, OR IN LESS
EXPENSIVE PREMISES IN A HOUSING  PROJECT  OR  COMPLEX  ERECTED  FOR  THE
SPECIFIC PURPOSE OF HOUSING INDIVIDUALS WITH DISABILITIES.
  3.  ANY  LEASE  OR RENTAL AGREEMENT COVERED BY SUBDIVISION TWO 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 DEEMED
DELIVERED FIVE DAYS AFTER MAILING. SUCH NOTICE SHALL BE  ACCOMPANIED  BY
DOCUMENTATION OF THE PHYSICIAN'S CERTIFICATION AND:
  (A)  A NOTARIZED STATEMENT FROM A FAMILY MEMBER STATING THAT THE INDI-
VIDUAL WITH A DISABILITY IS RELATED AND WILL BE MOVING INTO THEIR  PLACE
OF RESIDENCE FOR A PERIOD OF NOT LESS THAN SIX MONTHS;
  (B)  DOCUMENTATION  OF  ADMISSION OR PENDING ADMISSION CONSISTING OF A
COPY OF AN EXECUTED LEASE OR CONTRACT BETWEEN THE LESSEE OR TENANT AND A
FACILITY SET FORTH IN SUBDIVISION TWO OF THIS SECTION; OR
  (C) DOCUMENTATION FROM A MEDICAL PROFESSIONAL CERTIFYING THE NEED  FOR
THE  TENANT TO LEAVE THE CURRENT APARTMENT BECAUSE IT IS NO LONGER SUIT-
ABLE TO MEET THE TENANT'S DISABILITY NEEDS. NO DIAGNOSIS,  TREATMENT  OR
OTHER DETAILS ABOUT THE TENANT'S MEDICAL CONDITION SHOULD BE DISCLOSED.
  4.  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.
  5. ANY PERSON WHO SHALL KNOWINGLY WITHHOLD ANY DEPOSIT  TO  BE  REPAID
UPON TERMINATION OF THE LEASE, SUCH AS A SECURITY DEPOSIT, 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 FOR THE PURPOSE OF
SUBJECTING OR ATTEMPTING TO SUBJECT ANY OF SUCH PROPERTY TO A  PURPORTED

A. 6028--A                          3

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.
  6. 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 HEREIN SHALL IN WRITING, UPON  AN  APPLICATION,  NOTIFY  PROSPECTIVE
TENANTS OF THE PROVISIONS 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 TENANTS RIGHT TO TERMINATE THE  EXISTING
LEASE AND ALL OTHER APPLICABLE REQUIREMENTS AND DUTIES RELATING THERETO.
SUCH NOTICE SHALL READ AS FOLLOWS:

                "NOTICE TO INDIVIDUALS WITH DISABILITIES:
                      RESIDENTIAL LEASE TERMINATION

SECTION  227-E  OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
FOR THE TERMINATION OF A RESIDENTIAL LEASE BY INDIVIDUALS WITH  A  DISA-
BILITY  MOVING  TO  A  RESIDENCE  OF A FAMILY MEMBER OR ENTERING CERTAIN
HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS.
WHO IS ELIGIBLE?
ANY LESSEE OR TENANT WHO IS AN INDIVIDUAL  WITH  A  DISABILITY,  OR  WHO
BECOMES  AN INDIVIDUAL WITH A DISABILITY DURING THE TERM OF THE LEASE OR
RENTAL AGREEMENT, OR A SPOUSE OF SUCH PERSON RESIDING WITH HIM OR HER.
WHAT KIND OF FACILITIES DOES THIS LAW APPLY TO?
THIS LAW WILL APPLY IF THE INDIVIDUAL WITH A  DISABILITY  IS  RELOCATING
TO:
A. AN ADULT CARE FACILITY;
B. A RESIDENTIAL HEALTH CARE FACILITY;
C. SUBSIDIZED LOW INCOME HOUSING;
D. SENIOR CITIZEN HOUSING; OR
E. A RESIDENCE OF A FAMILY MEMBER.
WHAT ARE THE RESPONSIBILITIES OF THE RENTAL PROPERTY OWNER?
WHEN  THE TENANT GIVES NOTICE OF HIS OR HER OPPORTUNITY TO MOVE INTO ONE
OF THE ABOVE FACILITIES THE LANDLORD MUST ALLOW:
A. FOR THE TERMINATION OF THE LEASE OR RENTAL AGREEMENT, AND
B. THE RELEASE OF THE TENANT FROM ANY LIABILITY TO  PAY  RENT  OR  OTHER
PAYMENTS IN LIEU OF RENT FROM THE TERMINATION OF THE LEASE IN ACCORDANCE
WITH SECTION 227-E OF THE REAL PROPERTY LAW, TO THE TIME OF THE ORIGINAL
TERMINATION DATE, AND
C. TO ADJUST ANY PAYMENTS MADE IN ADVANCE OR PAYMENTS WHICH HAVE ACCRUED
BY THE TERMS OF SUCH LEASE OR RENTAL AGREEMENT.
HOW DO YOU TERMINATE THE LEASE?
IF  THE  TENANT CAN MOVE INTO ONE OF THE SPECIFIED FACILITIES, HE OR SHE
MUST TERMINATE THE LEASE OR AGREEMENT IN WRITING NO EARLIER THAN  THIRTY
DAYS  AFTER  THE DATE ON WHICH THE NEXT RENTAL PAYMENT (AFTER THE NOTICE
IS DELIVERED) IS DUE AND PAYABLE. THE NOTICE IS  DEEMED  DELIVERED  FIVE
DAYS  AFTER  BEING MAILED. THE WRITTEN NOTICE MUST INCLUDE DOCUMENTATION
OF ADMISSION OR PENDING ADMISSION TO ONE OF THE ABOVE MENTIONED  FACILI-
TIES.
FOR EXAMPLE: MAIL THE NOTICE: MAY 5TH
NOTICE RECEIVED: MAY 10TH
NEXT RENTAL PAYMENT DUE: JUNE 1ST
TERMINATION EFFECTIVE: JULY 1ST
WILL THE LANDLORD FACE PENALTIES IF HE OR SHE DOES NOT COMPLY?

A. 6028--A                          4

YES,  ACCORDING  TO  SECTION  227-E  OF THE REAL PROPERTY LAW, IF ANYONE
INTERFERES WITH THE REMOVAL OF YOUR PROPERTY FROM THE PREMISES THEY WILL
BE GUILTY OF A MISDEMEANOR AND WILL BE EITHER IMPRISONED FOR UP  TO  ONE
YEAR OR FINED UP TO $1000.00 OR BOTH."
  7. 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.
  § 2. This act shall take effect immediately.

                    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.

                                                           LBD08746-04-7

A. 6028--B                          2

subdivision twenty-one of section two of the social services law) except
for  a  shelter  for  adults  (as defined in subdivision twenty-three of
section two of such law), a residential health care facility (as defined
in  section two thousand eight hundred one of the public health law), or
a housing unit which receives substantial assistance of grants, loans or
subsidies from any federal, state or local agency or instrumentality, or
any not-for-profit  philanthropic  organization  one  of  whose  primary
purposes  is providing low or moderate income housing, or in less expen-
sive premises in a housing project or complex erected for  the  specific
purpose  of  housing  senior  citizens  OR PERSONS WITH DISABILITIES, 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.  (A)  Any  lease  or  rental  agreement covered by PARAGRAPH (A) OF
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  by  a  documentation  of the physician's
certification, accompanied by a notarized statement from a family member
stating that the senior citizen is related,  and  will  be  moving  into
their  place  of  residence  for a period of not less than six months or
admission or pending admission to a facility set  forth  in  subdivision
one  of  this  section.  Such notice shall be deemed delivered five days
after mailing.  Documentation of admission or  pending  admission  shall
consist of a copy of an executed lease or contract between the lessee or
tenant and a facility set forth in subdivision one of this section.
  (B) ANY LEASE OR RENTAL AGREEMENT COVERED BY PARAGRAPH (B) OF SUBDIVI-
SION  ONE  OF THIS SECTION MAY BE TERMINATED BY NOTICE IN WRITING DELIV-
ERED 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  BY  A  DOCUMENTATION  OF  THE  PHYSICIAN'S
CERTIFICATION.  SUCH  NOTICE  SHALL  BE DEEMED DELIVERED FIVE DAYS AFTER
MAILING. DOCUMENTATION OF ADMISSION OR PENDING ADMISSION  SHALL  CONSIST
OF  A COPY OF AN EXECUTED LEASE OR CONTRACT BETWEEN THE LESSEE OR TENANT
AND A FACILITY SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
  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.

A. 6028--B                          3

  3-a. 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 herein 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 tenants right to terminate the  existing
lease and all other applicable requirements and duties relating thereto.
Such notice shall read as follows:
                        NOTICE TO SENIOR CITIZENS:
                      RESIDENTIAL LEASE TERMINATION
  SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
FOR  THE  TERMINATION OF A 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.
Who is eligible?
  Any lessee or tenant who is age sixty-two years or older,
  or who will attain such age during the term of the lease or rental
  agreement,
  OR AN INDIVIDUAL WITH A "DISABILITY", AS DEFINED IN SUBDIVISION
  21 OF SECTION 292 OF THE EXECUTIVE LAW,
  or a spouse OR DEPENDENT of such person residing with him or her.
  What kind of facilities does this law apply to?
  This law will apply if the senior citizen OR INDIVIDUAL WITH  A  DISA-
BILITY is relocating to:
  A. An adult care facility;
  B. A residential health care facility;
  C. Subsidized low income housing;
  D. Senior citizen housing; or
  E. A residence of a family member.
  What are the responsibilities of the rental property owner?
  When  the  tenant  gives notice of his or her opportunity to move into
one of the above facilities the landlord must allow:
  A. for the termination of the lease or rental agreement, and
  B. the release of the tenant from any liability to pay rent  or  other
payments in lieu of rent from the termination of the lease in accordance
with section 227-a of the real property law, to the time of the original
termination date, and
  C.  to  adjust  any  payments  made  in advance or payments which have
accrued by the terms of such lease or rental agreement.
  How do you terminate the lease?
  If the tenant can move into one of the specified facilities, he or she
must terminate the lease or agreement in writing no earlier than  thirty
days  after  the date on which the next rental payment (after the notice
is delivered) is due and payable. The notice is  deemed  delivered  five
days  after  being mailed. The written notice must include documentation
of admission or pending admission to one of the above mentioned  facili-
ties.
  For example: Mail the notice: May 5th
  Notice received: May 10th
  Next rental payment due: June 1st
  Termination effective: July 1st
  Will the landlord face penalties if he or she does not comply?
  Yes,  according  to  section 227-a of the real property law, if anyone
interferes with the removal of your property from the premises they will

A. 6028--B                          4

be guilty of a misdemeanor and will be either imprisoned for up  to  one
year or fined up to $1000.00 or both.
  4. 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.
  §  2.  This  act  shall take effect immediately and shall apply to any
leases or rental agreements entered into on and after such date.