senate Bill S4281A

Signed By Governor
2019-2020 Legislative Session

Relates to the termination of a residential lease by a victim of domestic violence; repealer

download bill text pdf

Sponsored By

Current Bill Status Via A4267 - 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 (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 20, 2019 signed chap.694
Dec 17, 2019 delivered to governor
Jun 19, 2019 returned to assembly
passed senate
3rd reading cal.1063
substituted for s4281a
Jun 19, 2019 substituted by a4267a
Jun 13, 2019 amended on third reading 4281a
Jun 04, 2019 advanced to third reading
Jun 03, 2019 2nd report cal.
May 30, 2019 1st report cal.1063
Mar 06, 2019 referred to judiciary

Co-Sponsors

S4281 - Details

See Assembly Version of this Bill:
A4267
Law Section:
Real Property Law
Laws Affected:
Rpld & add §227-c, RP L
Versions Introduced in 2017-2018 Legislative Session:
A11056

S4281 - Summary

Provides for the termination of a residential lease by a victim of domestic violence; further provides for the lease termination procedure; allows the tenants to pay rent, pro-rata, up to the lease termination date; imposes a civil penalty (view more) makes related provisions.

S4281 - Sponsor Memo

S4281 - Bill Text download pdf


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

                                  4281

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 6, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- 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 the termination of
  a residential lease by a victim of domestic violence;  and  to  repeal
  certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 227-c of the real property law is  REPEALED  and  a
new section 227-c is added to read as follows:
  §  227-C.  TERMINATION  OF  RESIDENTIAL  LEASE  BY VICTIMS OF DOMESTIC
VIOLENCE.  1. LEASE OR RENTAL AGREEMENT.  IN ANY LEASE OR RENTAL  AGREE-
MENT COVERING PREMISES OCCUPIED FOR DWELLING PURPOSES, WHERE A TENANT OR
A  MEMBER  OF THE TENANT'S HOUSEHOLD IS A VICTIM OF DOMESTIC VIOLENCE AS
DEFINED BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES  LAW
AND  REASONABLY  FEARS  REMAINING  IN  THE LEASEHOLD PREMISES BECAUSE OF
POTENTIAL FURTHER DOMESTIC VIOLENCE, SUCH TENANT SHALL BE  PERMITTED  TO
TERMINATE  SUCH  LEASE  OR  RENTAL  AGREEMENT  AND  QUIT  AND  SURRENDER
POSSESSION OF THE LEASEHOLD PREMISES AND THE LAND SO LEASED OR  OCCUPIED
PURSUANT  TO  THE PROVISIONS OF THIS SECTION AND TO BE RELEASED 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.
  2.  LEASE  TERMINATION PROCEDURE.  (A) A TENANT WHO MEETS THE REQUIRE-
MENTS IN SUBDIVISION ONE OF THIS SECTION MAY TERMINATE HIS OR HER  LEASE
BY  NOTICE  IN  WRITING DELIVERED TO THE LESSOR OR OWNER OF THE PREMISES
OCCUPIED BY SUCH PERSON, OR TO THE LESSOR'S OR OWNER'S AGENT, AND TO ANY
CO-TENANTS OF SUCH LESSEE OR TENANT OTHER THAN THE PERPETRATOR OF DOMES-
TIC VIOLENCE. THE NOTICE SHALL SPECIFY THE TERMINATION DATE WHICH  SHALL
BE  NO  EARLIER  THAN THIRTY DAYS AFTER SUCH NOTICE IS DELIVERED. IF THE
NOTICE IS MAILED VIA FIRST CLASS MAIL, IT SHALL BE DEEMED DELIVERED FIVE
DAYS AFTER MAILING. IF THE TENANT ASSERTS THAT THE LESSOR  OR  OWNER  IS

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

Co-Sponsors

S4281A (ACTIVE) - Details

See Assembly Version of this Bill:
A4267
Law Section:
Real Property Law
Laws Affected:
Rpld & add §227-c, RP L
Versions Introduced in 2017-2018 Legislative Session:
A11056

S4281A (ACTIVE) - Summary

Provides for the termination of a residential lease by a victim of domestic violence; further provides for the lease termination procedure; allows the tenants to pay rent, pro-rata, up to the lease termination date; imposes a civil penalty (view more) makes related provisions.

S4281A (ACTIVE) - Sponsor Memo

S4281A (ACTIVE) - Bill Text download pdf


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

                                 4281--A
    Cal. No. 1063

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 6, 2019
                               ___________

Introduced  by Sens. BIAGGI, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Judiciary  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the real property law, in relation to the termination of
  a  residential  lease  by a victim of domestic violence; and to repeal
  certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  227-c of the real property law is REPEALED and a
new section 227-c is added to read as follows:
  § 227-C. TERMINATION OF  RESIDENTIAL  LEASE  BY  VICTIMS  OF  DOMESTIC
VIOLENCE.   1. LEASE OR RENTAL AGREEMENT.  IN ANY LEASE OR RENTAL AGREE-
MENT COVERING PREMISES OCCUPIED FOR DWELLING PURPOSES, WHERE A TENANT OR
A MEMBER OF THE TENANT'S HOUSEHOLD IS A VICTIM OF DOMESTIC  VIOLENCE  AS
DEFINED  BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW
AND REASONABLY FEARS REMAINING IN  THE  LEASEHOLD  PREMISES  BECAUSE  OF
POTENTIAL  FURTHER  DOMESTIC VIOLENCE, SUCH TENANT SHALL BE PERMITTED TO
TERMINATE  SUCH  LEASE  OR  RENTAL  AGREEMENT  AND  QUIT  AND  SURRENDER
POSSESSION  OF THE LEASEHOLD PREMISES AND THE LAND SO LEASED OR OCCUPIED
PURSUANT TO THE PROVISIONS OF THIS SECTION AND TO BE RELEASED  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.
  2. LEASE TERMINATION PROCEDURE.  (A) A TENANT WHO MEETS  THE  REQUIRE-
MENTS  IN  SUBDIVISION  ONE  OF  THIS SECTION MAY TERMINATE THE TENANT'S
LEASE BY NOTICE IN WRITING DELIVERED TO THE LESSOR OR OWNER OF THE PREM-
ISES OCCUPIED BY SUCH PERSON, OR TO THE LESSOR'S OR OWNER'S  AGENT,  AND
TO ANY CO-TENANTS OF SUCH LESSEE OR TENANT OTHER THAN THE PERPETRATOR OF
DOMESTIC  VIOLENCE.  THE NOTICE SHALL SPECIFY THE TERMINATION DATE WHICH

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

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