assembly Bill A46

2019-2020 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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to aging
Jan 09, 2019 referred to aging

Co-Sponsors

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Multi-Sponsors

A46 (ACTIVE) - Details

See Senate Version of this Bill:
S2592
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
2017-2018: A6449, S767
2021-2022: A5970, S1106

A46 (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.

A46 (ACTIVE) - Bill Text download pdf


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

                                   46

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by M. of A. BUCHWALD, M. G. MILLER, ABINANTI, SOLAGES, GOTT-
  FRIED,  SIMON,  MOSLEY,  BLAKE,  SEAWRIGHT,  CAHILL,  JAFFEE,  JOYNER,
  PEOPLES-STOKES,   HYNDMAN,  BICHOTTE,  ORTIZ,  STECK,  OTIS,  BARRETT,
  WILLIAMS, BARNWELL -- Multi-Sponsored by -- M.  of  A.  COOK,  GIGLIO,
  GLICK, LENTOL -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets