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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-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
2023-2024: A308, S286

2017-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.

2017-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

multi-Sponsors

2017-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
2023-2024: A308, S286

2017-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.

2017-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.
              

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