Senate Bill S4281

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

Archive: Last Bill Status Via A4267 - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2019-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

2019-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

2019-S4281 - Sponsor Memo

2019-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 Section 227-c of the real property law is  REPEALED  and  a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

2019-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

2019-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

2019-S4281A (ACTIVE) - Sponsor Memo

2019-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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