assembly Bill A6449A

2017-2018 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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to aging
Jun 12, 2017 print number 6449a
Jun 12, 2017 amend and recommit to aging
Mar 07, 2017 referred to aging

Co-Sponsors

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Multi-Sponsors

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A6449 - Details

See Senate Version of this Bill:
S767
Current Committee:
Assembly Aging
Law Section:
Real Property Law
Laws Affected:
Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9460, S6883
2019-2020: A46, S2592
2021-2022: A5970, S1106

A6449 - 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.

A6449 - Bill Text download pdf


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

                                  6449

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2017
                               ___________

Introduced by M. of A. BUCHWALD, MAYER, M. G. MILLER, ABINANTI, SOLAGES,
  GOTTFRIED,  SIMON,  MOSLEY,  BLAKE, SEAWRIGHT, CAHILL, JAFFEE, JOYNER,
  PEOPLES-STOKES, HYNDMAN,  HOOPER,  BICHOTTE,  ORTIZ,  STECK,  BARRETT,
  OTIS,  CRESPO,  WILLIAMS,  SEPULVEDA -- Multi-Sponsored by -- M. of A.
  COOK, GIGLIO, GLICK, KEARNS, LENTOL, MAGEE -- 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:
  §  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02762-01-7

Co-Sponsors

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Multi-Sponsors

A6449A (ACTIVE) - Details

See Senate Version of this Bill:
S767
Current Committee:
Assembly Aging
Law Section:
Real Property Law
Laws Affected:
Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9460, S6883
2019-2020: A46, S2592
2021-2022: A5970, S1106

A6449A (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.

A6449A (ACTIVE) - Bill Text download pdf


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

                                 6449--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2017
                               ___________

Introduced by M. of A. BUCHWALD, MAYER, M. G. MILLER, ABINANTI, SOLAGES,
  GOTTFRIED,  SIMON,  MOSLEY,  BLAKE, SEAWRIGHT, CAHILL, JAFFEE, JOYNER,
  PEOPLES-STOKES, HYNDMAN,  HOOPER,  BICHOTTE,  ORTIZ,  STECK,  BARRETT,
  OTIS,  CRESPO,  WILLIAMS, SEPULVEDA, BARNWELL -- Multi-Sponsored by --
  M. of A. COOK, GIGLIO, GLICK, KEARNS, LENTOL, MAGEE -- read  once  and
  referred  to  the  Committee  on  Aging  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:
  §  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 INVOLVING ACTIONS OF THE TENANT THAT VIOLATE  THE
TERMS  OF  THE LEASE, SUCH AS THE NON-PAYMENT OF RENT, WITHOUT THE PRIOR
APPROVAL OF A COURT OF COMPETENT JURISDICTION.   IN DETERMINING  WHETHER
TO  GRANT APPROVAL, THE COURT SHALL CONSIDER FACTORS INCLUDING:  WHETHER
THE LESSOR IS OPERATING THE RENTAL BUILDING AT A  PROFIT  OR  LOSS;  THE
NEED  FOR  ANY  MAJOR  CAPITAL  REPAIRS  OR  IMPROVEMENTS THAT CANNOT BE
PERFORMED WHILE THE TENANTS  ARE  IN  OCCUPANCY;  ANY  WRITTEN  OR  ORAL
REPRESENTATIONS  MADE BY THE LESSOR TO TENANTS ABOUT HOW LONG THEY COULD
REMAIN IN OCCUPANCY;  ANY  ALTERNATIVE  HOUSING  BEING  OFFERED  BY  THE

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