senate Bill S4970A

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 - In Senate Committee Judiciary 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 judiciary
Jun 19, 2017 print number 4970a
Jun 19, 2017 amend (t) and recommit to judiciary
Mar 03, 2017 referred to judiciary

S4970 - Details

See Assembly Version of this Bill:
A6028
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
S3891, A2118

S4970 - 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.

S4970 - Sponsor Memo

S4970 - Bill Text download pdf


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

                                  4970

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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.
                                                           LBD08746-03-7

Co-Sponsors

S4970A (ACTIVE) - Details

See Assembly Version of this Bill:
A6028
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
S3891, A2118

S4970A (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.

S4970A (ACTIVE) - Sponsor Memo

S4970A (ACTIVE) - Bill Text download pdf


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

                                 4970--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  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 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-
tunity  to  commence  occupancy in 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

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

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