Senate Bill S8188

                            
 
                     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.
              

                                                            LBD16089-02-0

 S. 8188                             2
 
   3. ANY PERSON WHO SHALL KNOWINGLY SEIZE, HOLD, OR DETAIN THE  PERSONAL
 EFFECTS,  CLOTHING,  FURNITURE  OR  OTHER PROPERTY OF ANY PERSON WHO HAS
 LAWFULLY TERMINATED A LEASE OR RENTAL AGREEMENT COVERED BY THIS  SECTION
 OR  THE  SPOUSE OR DEPENDENT OF ANY SUCH PERSON, OR IN ANY MANNER INTER-
 FERES  WITH  THE  REMOVAL  OF SUCH PROPERTY FROM THE PREMISES COVERED BY
 SUCH LEASE OR  RENTAL  AGREEMENT,  FOR  THE  PURPOSE  OF  SUBJECTING  OR
 ATTEMPTING TO SUBJECT ANY OF SUCH PROPERTY TO A PURPORTED CLAIM FOR RENT
 ACCRUING  SUBSEQUENT  TO THE DATE OF TERMINATION OF SUCH LEASE OR RENTAL
 AGREEMENT, OR ATTEMPTS SO TO DO, SHALL BE GUILTY OF  A  MISDEMEANOR  AND
 SHALL  BE PUNISHED BY IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY FINE NOT
 TO EXCEED ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   4. UPON TERMINATION:
   (A) IF THE TERMINATING TENANT IS THE SOLE  LEASEHOLDER,  THE  PREMISES
 SHALL BE DELIVERED TO THE LESSOR OR OWNER:
   (I) FREE OF ALL TENANTS AND OCCUPANTS; AND
   (II) IN ACCORDANCE WITH THE TERMS OF THE LEASE RELATING TO DELIVERY OF
 THE PREMISES AT THE TERMINATION OF THE LEASE.
   (B)  IF  THERE  ARE  TENANTS  ON  THE LEASE OTHER THAN THE TERMINATING
 TENANT:
   (I) THE LANDLORD SHALL NOT, EXCEPT UPON  CONSENT  OF  SUCH  ADDITIONAL
 TENANTS,  TERMINATE  OR SEVER THE CO-TENANCY. THE LANDLORD SHALL PROVIDE
 THE REMAINING TENANTS AT LEAST THIRTY DAYS FROM THE TERMINATION DATE  TO
 DECIDE WHETHER TO CONSENT TO A TERMINATION OR SEVERANCE.
   (II)  THE  REMAINING  CO-TENANT OR CO-TENANTS HOLD THE RIGHT TO ADD AN
 ADDITIONAL OCCUPANT AS DEFINED BY PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED THIRTY-FIVE-F OF THIS ARTICLE.
   5. ANY AGREEMENT BY A LESSEE OR TENANT OF PREMISES OCCUPIED FOR DWELL-
 ING PURPOSES WAIVING OR MODIFYING HIS OR HER RIGHTS AS SET FORTH IN THIS
 SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   § 2. This act shall take effect immediately.