Senate Bill S8188

2019-2020 Legislative Session

Relates to permitting the early termination of a lease by a tenant during a state of emergency

download bill text pdf

Sponsored By

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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2019-S8188 (ACTIVE) - Details

See Assembly Version of this Bill:
A10258
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §227-g, RP L
Versions Introduced in 2021-2022 Legislative Session:
A3155

2019-S8188 (ACTIVE) - Summary

Permits the early termination of a lease by a tenant during a state of emergency where the tenant is required to vacate an area containing such property; the tenant loses his or her employment; or the tenant can no longer attend school, college, or university due to a sudden closure of such educational institution.

2019-S8188 (ACTIVE) - Sponsor Memo

2019-S8188 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8188
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  permitting  the
   early termination of a lease by a tenant during a state of emergency
 
   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-g to read as follows:
   § 227-G. TERMINATION OF RESIDENTIAL LEASE DURING A STATE OF EMERGENCY.
 1.  IN  ANY  LEASE  OR  RENTAL  AGREEMENT COVERING PREMISES OCCUPIED FOR
 DWELLING PURPOSES, WHERE THE TENANT OF SUCH PROPERTY NO LONGER  REQUIRES
 USE OF THE PROPERTY FOR REASONS INCLUDING, BUT NOT LIMITED TO, THE CAUSE
 OF  A DECLARED STATE OF EMERGENCY CAUSING: (A) THE TENANT TO BE REQUIRED
 TO VACATE AN AREA CONTAINING SUCH PROPERTY; (B) THE TENANT TO  LOSE  HIS
 OR HER EMPLOYMENT; OR (C) THE TENANT NO LONGER BE ABLE TO ATTEND SCHOOL,
 COLLEGE,  OR  UNIVERSITY  DUE  TO  A  SUDDEN CLOSURE OF SUCH EDUCATIONAL
 INSTITUTION, 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. ANY LEASE OR RENTAL AGREEMENT COVERED BY 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.
 UNLESS THE LEASE OR RENTAL AGREEMENT PROVIDES FOR AN EARLIER TERMINATION
 DATE,  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 DOCUMENTATION OF THE REASONS THE TENANT OF SUCH  PROPERTY
 NO  LONGER  REQUIRES  USE  OF  THE PROPERTY. SUCH NOTICE SHALL BE DEEMED
 DELIVERED FIVE DAYS AFTER MAILING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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