senate Bill S3891

Signed By Governor
2019-2020 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 Via A2118 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2019 signed chap.320
Oct 01, 2019 delivered to governor
May 29, 2019 returned to assembly
passed senate
3rd reading cal.494
substituted for s3891
May 29, 2019 substituted by a2118
May 06, 2019 advanced to third reading
May 01, 2019 2nd report cal.
Apr 30, 2019 1st report cal.494
Feb 20, 2019 referred to judiciary

Co-Sponsors

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S3891 (ACTIVE) - Details

See Assembly Version of this Bill:
A2118
Law Section:
Real Property Law
Laws Affected:
Amd §227-a, RP L
Versions Introduced in 2017-2018 Legislative Session:
S4970, A6028

S3891 (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.

S3891 (ACTIVE) - Sponsor Memo

S3891 (ACTIVE) - Bill Text download pdf


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

                                  3891

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 20, 2019
                               ___________

Introduced by Sen. SEPULVEDA -- 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 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
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

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