NY State Senate Bill 2017-S4970A

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

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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	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

Bill Amendments

Original

A (Active)

2017-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 2017-2018 Legislative Session:: S4970, A6028

2017-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.

2017-S4970 - Sponsor Memo

                                 BILL NUMBER:  S4970

 TITLE OF BILL :  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

 PURPOSE :

To allow those with a disability to more easily move into housing that
better suits their needs.

 SUMMARY OF PROVISIONS :

Section 1 amends the real property law by adding a new section 227-e.

Subsection 1 provides a definition for the term "individual with a
disability."

Subsection 2 provides the conditions under which a person with a
disability may terminate his or her lease early. These conditions
include: a change in financial circumstances that is related to a
disability; certification by a physician that a person is no longer
able to live independently; certification by a physician that a
person's housing is currently unsuitable due to the structure of the
housing and medical reasons; or when a person is notified that they

may live in an adult care facility, a residential healthcare facility,
supportive housing, or subsidized housing.

Subsection 3 provides the process for notifying a landlord of early
termination under this section.

Subsection 4 provides that no landlord or other party may withhold a
tenant's property, in an attempt to recoup perceived losses due to
early termination of a lease under this section, and classifies such
action as a misdemeanor.

Subsection 5 provides that no landlord or other party may withhold a
tenant's deposit upon early termination of a lease under this section,
and classifies such action as a misdemeanor.

Subsection 6 provides that all tenants must be notified of this
section and the proper manner in which they must be notified.

Section 2 provides that the act shall take effect immediately.

 EXISTING LAW :

Currently, people over the age of 62 may terminate a lease early if
they are moving into certain facilities or with family (see § 227-a
and § 227-b of the Real Property Law) and victims of domestic violence
may do so under certain circumstances as well (see § 227-c and § 227-d
of the Real Property Law).

 JUSTIFICATION :

As the law stands today, when a person has a sudden accident that
leaves them disabled and unable to use their current housing, they
must continue to pay rent while at the same time seeking an
alternative place to live. This legislation would give tenants a way
out from under a lease that they can no longer carry due to
circumstances that are outside their control.

However, while the example above offers a stark example for why this
legislation is necessary, not all changes in disability status are so
extreme. This bill encompasses any change in disability status that
would render a person's current housing unsuitable, as certified by a
physician. In addition, it provides for situations where a person's
disability status may not have changed at all, but a better option
such as an assisted living facility or subsidized housing becomes
available to them.

In the same way that we provide protections to the elderly and to
victims of domestic violence, we should also protect people with
disabilities from getting stuck in unsuitable housing due to a
continuing lease.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-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

 S. 4970                             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

 S. 4970                             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?

 S. 4970                             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.

co-Sponsors

2017-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 2017-2018 Legislative Session:: S4970, A6028

2017-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.

2017-S4970A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4970A

 TITLE OF BILL :  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

 PURPOSE :

To allow those with a disability to more easily move into housing that
better suits their needs.

 SUMMARY OF PROVISIONS :

Section 1 amends the real property law by amending section 227-a.

Paragraph (a) of subdivision 1 of section 227-a is amended to include
people with disabilities in addition to those who are 62 years old or
older during a lease agreement for the purpose of terminating a lease
when the individual can no longer live independently.

Qualifying conditions include: change in financial circumstances that
is related to a disability; certification by a physician that a person
is no longer able to live independently; certification by a physician
that a person's housing is currently unsuitable due to the structure
of the housing and medical reasons; or when a person is notified that

they may live in an adult care facility, a residential healthcare
facility, supportive housing, or subsidized housing.

Any lease that is terminated under paragraph (b) subdivision one of
this section may be terminated in writing and shall be effective no
earlier than 30 days after the date on which the next rental payment
subsequent to the date when the notice is delivered is due. The notice
must be accompanied by a physician's certification.  Prospective
tenants who may qualify under this act shall receive written notice of
their rights upon application.

Section 2 provides that the act shall take effect immediately and will
apply to leases or rental agreements entered after the effective date.

 EXISTING LAW :

Currently, people over the age of 62 may terminate a lease early if
they are moving into certain facilities or with family (see § 227-a
and § 227-b of the Real Property Law) and victims of domestic violence
may do so under certain circumstances as well (see § 227-c and § 227-d
of the Real Property Law).

 JUSTIFICATION :

As the law stands today, when a person has a sudden accident that
leaves them disabled and unable to use their current housing, they
must continue to pay rent while at the same time seeking an
alternative place to live. This legislation would give tenants a way
out from under a lease that they can no longer carry due to
circumstances that are outside their control.

However, while the example above offers a stark example for why this
legislation is necessary, not all changes in disability status are so
extreme. This bill encompasses any change in disability status that
would render a person's current housing unsuitable, as certified by a
physician. In addition, it provides for situations where a person's
disability status may not have changed at all, but a better option
such as an assisted living facility or subsidized housing becomes
available to them.

In the same way that we provide protections to the elderly and to
victims of domestic violence, we should also protect people with
disabilities from getting stuck in unsuitable housing due to a
continuing lease.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-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.

                                                            LBD08746-09-7

 S. 4970--A                          2
 
 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.
   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

 S. 4970--A                          3
 
 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
 be guilty of a misdemeanor and will be either imprisoned for up  to  one
 year or fined up to $1000.00 or both.

 S. 4970--A                          4
 
   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.

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