NY State Senate Bill 2017-S767A

Senate Bill S767A

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 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jun 13, 2017	print number 767a
Jun 13, 2017	amend and recommit to judiciary
Feb 09, 2017	committee discharged and committed to judiciary
Jan 04, 2017	referred to aging

Bill Amendments

Original

A (Active)

2017-S767 - Details

See Assembly Version of this Bill:: A6449
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6883, A9460
2019-2020: S2592, A46
2021-2022: S1106, A5970
2023-2024: S286, A308

2017-S767 - 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-S767 - Sponsor Memo

                                 BILL NUMBER:  S767

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would require the approval of a court before the
termination of, or failure to renew, a lease for tenants in rental
buildings where substantially all of the lessees or tenants occupying
such units are sixty-five years of age or older.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new Section 228a of the real property law
to require landlords to obtain court approval prior to seeking the
termination of, or failure to renew, a lease for tenants in rental
buildings where substantially all of the lessees or tenants occupying
such units are sixty-five years of age or older unless the lessor has
cause such as non-payment of rent. For purposes of this section,
"substantially all" means approximately eighty percent or more of the
lessees or tenants occupying units in a rental building, provided that
the court need not rely on a strict percentage when, in its

determination, the interests of justice warrant it.

Paragraph 2 of Section 1 of the bill limits rent increases in senior
housing rental buildings to no more than one percent above the
percentage change in the CPI since the start of the tenancy or most
recent renewal, whichever is more recent at the time of renewal and
further stipulates that such rents may not be increased more than once
annually.

Paragraph 3 of Section 1 of the bill states that qualified senior
housing facility lessors shall provide prospective tenants with a
notice in the lease of the tenant's rights provided under this
section.

Paragraph 4 of Section 1 of the bill provides that any owner or
landlord of a senior housing rental building who does not comply with
these provisions shall be liable for reasonable costs such as court
fees, attorney expenses and relocation costs borne by affected
lessees. Affected tenants may also bring an action to recover for
losses, damages and injuries.

Section 2 states this act shall take effect immediately

 JUSTIFICATION :

The number of older Americans is increasing rapidly. As this
population grows, they will require access to stable, affordable and
physically accessible housing. To ensure these needs are met, many
seniors opt to move from their homes into senior living facilities as
they are typically centrally located and can provide many of the
unique supports and services seniors require. Often, when residents
move into senior housing they expect they may be there, possibly for
the rest of their lives.

Recently in White Plains, the Esplanade Senior Living facility decided
to re-purpose that location into higher-end apartments and give all of
their senior tenants notice of their pending eviction. This was
despite the fact the facility allowed new tenants to move in and renew
leases as late as one month before the evictions were announced. The
current residents, approximately 150 senior citizens, will be required
to move out as the building is rehabilitated.  However, many of these
senior citizens are on fixed incomes and may not be able to quickly
secure new housing, or they may have limited mobility and are not
easily able to move to a new location. This legislation would prevent
similar circumstances from occurring in the future by adding certain
rights and protections for seniors living in senior housing that is
not otherwise regulated by the state.

 FISCAL IMPLICATIONS :

None.

 IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS :

This legislation would prohibit certain lessors from removing elderly
tenants without cause.

 EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS :

None.

 LEGISLATIVE HISTORY :

2015-16 Died in Judiciary (S6883 Stewart-Cousins)

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S767 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    767
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed 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.
   3.  EVERY  LESSOR  OF  RENTAL BUILDINGS WHERE SUBSTANTIALLY ALL OF THE
 LESSEES OR TENANTS OCCUPYING UNITS ARE  OVER  SIXTY-FIVE  YEARS  OF  AGE
 AND/OR  ARE  PERSONS WITH DISABILITIES, SHALL NOTIFY PROSPECTIVE TENANTS
 OF THE PROVISION OF THIS SECTION. SUCH NOTICE SHALL BE IN WRITING,  UPON
 THE  RENTAL APPLICATION, AND SHALL INCLUDE, IN PLAIN AND SIMPLE ENGLISH,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02762-01-7

 S. 767                              2
 
 IN CONSPICUOUS PRINT OF AT LEAST EIGHTEEN POINT TYPE, AN EXPLANATION  OF
 A  TENANT'S  RIGHTS UNDER THIS SECTION AND ALL OTHER APPLICABLE REQUIRE-
 MENTS AND DUTIES RELATING THERETO.
 SUCH NOTICE SHALL READ AS FOLLOWS:
         NOTICE TO SENIOR CITIZENS AND/OR PERSONS WITH DISABILITIES:
                             BUILDING TENANCY
      SECTION 228-A OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK
    PROHIBITS A LESSOR FROM TERMINATING OR FAILING TO RENEW A LEASE OR
    TENANCY FOR PREMISES IN CERTAIN HOUSING FOR SENIOR CITIZENS AND/OR
               PERSONS WITH DISABILITIES, EXCEPT FOR CAUSE.
       (CONSULT SECTION 228-A OF THE REAL PROPERTY LAW FOR SPECIFIC
                        INFORMATION AND CRITERIA.)
   4.  ANY  LESSOR  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 LIABLE TO THE LESSEE OR TENANT AFFECTED THEREBY  FOR  REASONABLE  COSTS,
 INCLUDING  REASONABLE  ATTORNEY'S  FEES,  WHICH  FEES SHALL BE TAXED AND
 COLLECTED AS A PART OF THE COSTS IN THE ACTION, AND FOR  THE  REASONABLE
 EXPENSES  INCURRED  BY  THE AFFECTED LESSEE OR TENANT IN RELOCATING TO A
 NEW RESIDENCE. ADDITIONALLY, LESSORS SHALL RETURN  INITIATION  FEES  AND
 SECURITY  DEPOSITS  TO LESSEES OR TENANTS, WHERE APPROPRIATE.  AN ACTION
 TO RECOVER FOR SUCH LOSS, DAMAGE OR INJURY MAY BE BROUGHT IN  ANY  COURT
 OF COMPETENT JURISDICTION BY THE AFFECTED TENANT OR LESSEE.
   5. AS USED IN THIS SECTION:
   (A)  "LESSOR" MEANS THE OWNER OR LANDLORD OF A RENTAL BUILDING, OR HIS
 OR HER AGENT;
   (B) "PERSON WITH A DISABILITY" MEANS AN INDIVIDUAL  WHO  IS  CURRENTLY
 RECEIVING  SOCIAL  SECURITY  DISABILITY INSURANCE (SSDI) OR SUPPLEMENTAL
 SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL SECURITY ACT  OR
 DISABILITY  PENSION  OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE
 UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THOSE PREVIOUSLY  ELIGI-
 BLE  BY  VIRTUE  OF RECEIVING DISABILITY BENEFITS UNDER THE SUPPLEMENTAL
 SECURITY INCOME PROGRAM OR THE SOCIAL SECURITY  DISABILITY  PROGRAM  AND
 CURRENTLY  RECEIVING  MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION
 OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
 SOCIAL SERVICES LAW;
   (C) "RENTAL BUILDING" MEANS TWENTY OR MORE RESIDENTIAL UNITS; AND
   (D)  "SUBSTANTIALLY ALL" MEANS APPROXIMATELY EIGHTY PERCENT OR MORE OF
 THE LESSEES OR TENANTS OCCUPYING UNITS IN A  RENTAL  BUILDING,  PROVIDED
 THAT  THE COURT NEED NOT RELY ON A STRICT PERCENTAGE WHEN, IN ITS DETER-
 MINATION, THE INTERESTS OF JUSTICE WARRANT IT.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S767A (ACTIVE) - Details

See Assembly Version of this Bill:: A6449
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6883, A9460
2019-2020: S2592, A46
2021-2022: S1106, A5970
2023-2024: S286, A308

2017-S767A (ACTIVE) - Summary

2017-S767A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S767A             REVISED MEMO 06/13/2017

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation would require the approval of a court before the
termination of, or failure to renew, a lease for tenants in rental
buildings where substantially all of the lessees or tenants occupying
such units are sixty-five years of age or older and/or are persons
with disabilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new Section 228a of the real property law
to require landlords to obtain court approval prior to seeking the
termination of, or failure to renew, more than one lease, for tenants
in rental buildings where substantially all of the lessees or tenants
occupying such units are sixty-five years of age or older and/or are
persons with disabilities unless the lessor has cause such as
nonpayment of rent. This section also requires notice to lessees,
tenants and local governments, if such court approval is sought and
provides factors the court may consider when making a determination.

Paragraph 2 of Section 1 of the bill limits rent increases in senior
housing and/or housing for the disabled rental buildings to no more
than one percent above the percentage change in the CPI since the
start of the tenancy or most recent renewal, whichever is more recent
at the time of renewal and further stipulates that such rents may not
be increased more than once annually.

Paragraph 3 of Section 1 of the bill states lessors of qualified
senior housing and/or housing for the disabled shall provide
prospective tenants with a notice in the lease of the tenant's rights
provided under this section.

Paragraph 4 of Section 1 of the bill provides that any owner or
landlord of a senior housing and/or housing for the disabled rental
building who does not comply with these provisions shall be liable for
reasonable costs such as court fees, attorney expenses and relocation
costs borne by affected lessees. Additionally, lessors shall return
initiation fees and security deposits to lessees or tenants where
appropriate. An action to recover for loss, damage or injury may be
brought in any court with jurisdiction by the affected tenant or
lessee.

Paragraph 5 of Section 1 defines terms as used in the section. 5(a)
defines "lessor" as the owner or landlord of a rental building; 5(b)
defines "person with a disability" as an individual who is currently
receiving SSDI or SSI benefits; 5(c) defines "rental building" as
twenty or more residential units and 5(d) defines "substantially all"
as approximately eighty percent or more of the lessees or tenants
occupying units in a rental building, provided that the court need not
rely on a strict percentage when, In Its determination, the interests
of justice warrant it.

Section 2 states this act shall take effect immediately

 JUSTIFICATION :

The number of older Americans is increasing rapidly. As this
population grows, they will require access to stable, affordable and
physically accessible housing. To ensure these needs are met, many
seniors opt to move from their homes into senior living facilities as
they are typically centrally located and can provide many of the
unique supports and services seniors require. Often, when residents
move into senior housing they expect they may be there possibly for
the rest of their lives.

Recently in White Plains, the Esplanade Senior Living facility decided
to re-purpose that location into higher-end apartments and give all of
their senior tenants notice of their pending eviction. This was
despite the fact the facility allowed new tenants to move in and renew
leases as late as one month before the evictions were announced. The
residents, approximately 150 senior citizens, were required to move
out. However, many of these senior citizens are on fixed incomes and
may not be able to quickly secure new housing, or they may have
limited mobility and are not easily able to move to a new location.
This legislation would prevent similar circumstances from occurring in
the future by adding certain rights and protections for seniors living
in senior housing that is not otherwise regulated by the state.

 FISCAL IMPLICATIONS :

None.

 IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS :

This legislation would prohibit certain lessors from removing elderly
and/or disabled tenants without cause.

 EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS :

None.

 LEGISLATIVE HISTORY :

2016: A.9460 - Referred to Aging S.6883 (Stewart-Cousins) Referred to
Judiciary

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S767A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  767--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Aging --  commit-
   tee  discharged  and said bill 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 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
 LESSOR,  THE  NUMBER  OF  AFFECTED  TENANTS;  AND THE LENGTH OF TIME THE
 AFFECTED TENANTS HAVE LIVED IN THEIR APARTMENTS. AT THE TIME  OF  FILING
 ANY ACTION AFFECTING MORE THAN ONE LEASE AND SEEKING SUCH PRIOR APPROVAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02762-03-7

 S. 767--A                           2
 
 FROM  A COURT OF COMPETENT JURISDICTION, THE LESSOR SHALL NOTIFY ALL THE
 LESSEES AND TENANTS OCCUPYING UNITS IN THE RENTAL BUILDING THAT ARE OVER
 SIXTY-FIVE YEARS OF AGE AND/OR ARE  PERSONS  WITH  DISABILITIES  OF  THE
 FILING  OF  SUCH ACTION.   THE LESSOR SHALL ALSO NOTIFY AT SUCH TIME ANY
 VILLAGE, TOWN, CITY AND COUNTY, EXCEPT COUNTIES INSIDE THE CITY  OF  NEW
 YORK,  IN  WHICH  SUCH  RENTAL BUILDING IS LOCATED OF THE FILING OF SUCH
 ACTION. WHILE SUCH ACTION  IS  PENDING,  THE  LESSOR  SHALL  NOTIFY  ANY
 PROSPECTIVE  LESSEE  OR TENANT PRIOR TO THE SIGNING OF A LEASE FOR PREM-
 ISES IN SUCH RENTAL BUILDING OF THE PENDENCY OF SUCH ACTION.
   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.
   3.  EVERY  LESSOR  OF  RENTAL BUILDINGS WHERE SUBSTANTIALLY ALL OF THE
 LESSEES OR TENANTS OCCUPYING UNITS ARE  OVER  SIXTY-FIVE  YEARS  OF  AGE
 AND/OR  ARE  PERSONS WITH DISABILITIES, SHALL NOTIFY PROSPECTIVE TENANTS
 OF THE PROVISION OF THIS SECTION. SUCH NOTICE SHALL BE IN WRITING,  UPON
 THE  RENTAL APPLICATION, AND SHALL INCLUDE, IN PLAIN AND SIMPLE ENGLISH,
 IN CONSPICUOUS PRINT OF AT LEAST EIGHTEEN POINT TYPE, AN EXPLANATION  OF
 A  TENANT'S  RIGHTS UNDER THIS SECTION AND ALL OTHER APPLICABLE REQUIRE-
 MENTS AND DUTIES RELATING THERETO.
 SUCH NOTICE SHALL READ AS FOLLOWS:
         NOTICE TO SENIOR CITIZENS AND/OR PERSONS WITH DISABILITIES:
                             BUILDING TENANCY
      SECTION 228-A OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK
    PROHIBITS A LESSOR FROM TERMINATING OR FAILING TO RENEW A LEASE OR
    TENANCY FOR PREMISES IN CERTAIN HOUSING FOR SENIOR CITIZENS AND/OR
               PERSONS WITH DISABILITIES, EXCEPT FOR CAUSE.
       (CONSULT SECTION 228-A OF THE REAL PROPERTY LAW FOR SPECIFIC
                        INFORMATION AND CRITERIA.)
   4. ANY LESSOR WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
 LIABLE  TO  THE  LESSEE OR TENANT AFFECTED THEREBY FOR REASONABLE COSTS,
 INCLUDING REASONABLE ATTORNEY'S FEES, WHICH  FEES  SHALL  BE  TAXED  AND
 COLLECTED  AS  A PART OF THE COSTS IN THE ACTION, AND FOR THE REASONABLE
 EXPENSES INCURRED BY THE AFFECTED LESSEE OR TENANT IN  RELOCATING  TO  A
 NEW  RESIDENCE.  ADDITIONALLY,  LESSORS SHALL RETURN INITIATION FEES AND
 SECURITY DEPOSITS TO LESSEES OR TENANTS, WHERE APPROPRIATE.   AN  ACTION
 TO  RECOVER  FOR SUCH LOSS, DAMAGE OR INJURY MAY BE BROUGHT IN ANY COURT
 OF COMPETENT JURISDICTION BY THE AFFECTED TENANT OR LESSEE.
   5. AS USED IN THIS SECTION:
   (A) "LESSOR" MEANS THE OWNER OR LANDLORD OF A RENTAL BUILDING, OR  HIS
 OR HER AGENT;
   (B)  "PERSON  WITH  A DISABILITY" MEANS AN INDIVIDUAL WHO IS CURRENTLY
 RECEIVING SOCIAL SECURITY DISABILITY INSURANCE  (SSDI)  OR  SUPPLEMENTAL
 SECURITY  INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL SECURITY ACT OR
 DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS PROVIDED  BY  THE
 UNITED  STATES DEPARTMENT OF VETERANS AFFAIRS OR THOSE PREVIOUSLY ELIGI-
 BLE BY VIRTUE OF RECEIVING DISABILITY BENEFITS  UNDER  THE  SUPPLEMENTAL
 SECURITY  INCOME  PROGRAM  OR THE SOCIAL SECURITY DISABILITY PROGRAM AND
 CURRENTLY RECEIVING MEDICAL ASSISTANCE BENEFITS BASED  ON  DETERMINATION
 OF  DISABILITY  AS  PROVIDED  IN  SECTION THREE HUNDRED SIXTY-SIX OF THE
 SOCIAL SERVICES LAW;

 S. 767--A                           3
 
   (C) "RENTAL BUILDING" MEANS TWENTY OR MORE RESIDENTIAL UNITS; AND
   (D)  "SUBSTANTIALLY ALL" MEANS APPROXIMATELY EIGHTY PERCENT OR MORE OF
 THE LESSEES OR TENANTS OCCUPYING UNITS IN A  RENTAL  BUILDING,  PROVIDED
 THAT  THE COURT NEED NOT RELY ON A STRICT PERCENTAGE WHEN, IN ITS DETER-
 MINATION, THE INTERESTS OF JUSTICE WARRANT IT.
   § 2. This act shall take effect immediately.

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