Senate Bill S2592

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 Senate Committee Aging 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-S2592 (ACTIVE) - Details

See Assembly Version of this Bill:
A46
Current Committee:
Senate Aging
Law Section:
Real Property Law
Laws Affected:
Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6883, A9460
2017-2018: S767, A6449
2021-2022: S1106, A5970
2023-2024: S286, A308

2019-S2592 (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.

2019-S2592 (ACTIVE) - Sponsor Memo

2019-S2592 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2592
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced by Sens. STEWART-COUSINS, LIU, MAYER, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed 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
 ANY ACTION AFFECTING MORE THAN ONE LEASE AND SEEKING SUCH PRIOR APPROVAL
 FROM  A COURT OF COMPETENT JURISDICTION, THE LESSOR SHALL NOTIFY ALL THE
 LESSEES AND TENANTS OCCUPYING UNITS IN THE RENTAL BUILDING THAT ARE OVER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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