NY State Assembly Bill 2021-A6954C

Assembly Bill A6954C

2021-2022 Legislative Session

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2022	referred to judiciary delivered to senate passed assembly ordered to third reading rules cal.303 rules report cal.303 reported
May 11, 2022	reported referred to rules
May 05, 2022	print number 6954c
May 05, 2022	amend and recommit to housing
Mar 31, 2022	print number 6954b
Mar 31, 2022	amend and recommit to housing
Jan 05, 2022	referred to housing
Jul 09, 2021	print number 6954a
Jul 09, 2021	amend and recommit to housing
Apr 14, 2021	referred to housing

Bill Amendments

Original

C (Active)

2021-A6954 - Details

See Senate Version of this Bill:: S5746
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:: A458, S548

2021-A6954 - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6954
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the real  property  law,  in  relation  to  providing  a
   deceased  tenant's  legal  representative the option to terminate such
   tenant's lease upon notice to the landlord

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 236 of the real property law, as added by chapter
 156 of the laws of 1965, is amended to read as follows:
   § 236.  [Assignment]  TERMINATION  of  lease  of  a  deceased  tenant.
 Notwithstanding  any contrary provision contained in any lease hereafter
 made which affects premises demised for residential use, or  partly  for
 residential and partly for professional use, the executor, administrator
 or  legal  representative  of a deceased tenant under such a lease[, may
 request the landlord thereunder to consent to the assignment of  such  a
 lease, or to the subletting of the premises demised thereby]  SHALL HAVE
 THE  OPTION  TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE LANDLORD
 NO LATER THAN EITHER THE LAST DAY OF  THE  SECOND  CALENDAR  MONTH  THAT
 FOLLOWS  THE CALENDAR MONTH IN WHICH THE TENANT DIED OR SURRENDER OF THE
 RENTAL UNIT AND REMOVAL OF ALL  THE  TENANT'S  PERSONAL  PROPERTY.  Such
 [request] TERMINATION OPTION shall be accompanied by the written consent
 thereto  of any co-tenant or guarantor of such lease [and a statement of
 the name, business and  home  addresses  of  the  proposed  assignee  or
 sublessee.  Within ten days after the mailing of such request, the land-
 lord may ask the sender  thereof  for  additional  information  as  will
 enable  the  landlord to determine if rejection of such request shall be
 unreasonable. Within thirty days after the mailing of  the  request  for
 consent,  or  of  the additional information reasonably asked for by the
 landlord, whichever is later, the landlord shall send a  notice  to  the
 sender  thereof  of  his election to terminate said lease or to grant or
 refuse his consent. Landlord's failure to send such a  notice  shall  be

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

                                                            LBD09037-01-1

 A. 6954                             2

 deemed  to be a consent to the proposed assignment or subletting. If the
 landlord consents, said lease may be assigned  in  accordance  with  the
 request  provided  a  written  agreement  by  the  assignee assuming the
 performance  of the tenant's obligations under the lease is delivered to
 the landlord in form reasonably satisfactory to  the  landlord,  or  the
 premises  may  be sublet in accordance with the request, as the case may
 be, but the estate of the deceased tenant, and any other  tenant  there-
 under,  shall nevertheless remain liable for the performance of tenant's
 obligations under said lease. If the landlord terminates said  lease  or
 unreasonably refuses his consent, said lease shall be deemed terminated,
 and  the  estate  of the deceased tenant and any other tenant thereunder
 shall be discharged from further liability thereunder as of the last day
 of the calendar month during which the landlord was  required  hereunder
 to  exercise his option. If the landlord reasonably refuses his consent,
 said lease shall continue in full force and effect, subject to the right
 to make further requests  for  consent  hereunder].    NOTHING  IN  THIS
 SECTION  SHALL  BE CONSTRUED TO RELIEVE THE TENANT'S ESTATE OF LIABILITY
 FOR RENT MONEY OR ANY DEBT INCURRED PRIOR TO THE DATE OF TERMINATION  OF
 THE  LEASE, INCLUDING DAMAGES TO THE PREMISES AND ANY EXPENSES THE LAND-
 LORD MAY INCUR AS A DIRECT RESULT OF THE TENANT'S DEATH, EXCEPT THAT THE
 TENANT'S ESTATE SHALL NOT BE LIABLE FOR DAMAGES OR ANY OTHER PENALTY FOR
 BREACH OF INADEQUATE NOTICE AS A RESULT OF  TERMINATING  A  LEASE  UNDER
 THIS SECTION. Any [request,] notice or communication required or author-
 ized  to  be  given  hereunder  shall be sent by registered or certified
 mail, return receipt requested. This act shall not apply to  a  proprie-
 tary  lease,  viz.: a lease to, or held by, a tenant entitled thereto by
 reason of ownership of stock in a  corporate  owner  of  premises  which
 operates the same on a cooperative basis. Any waiver of any part of this
 section shall be void as against public policy.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-A6954A - Details

See Senate Version of this Bill:: S5746
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:: A458, S548

2021-A6954A - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6954--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee  on  Housing  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  real  property  law, in relation to providing a
   deceased tenant's legal representative the option  to  terminate  such
   tenant's lease upon notice to the landlord
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 236 of the real property law, as added  by  chapter
 156 of the laws of 1965, is amended to read as follows:
   §  236.  [Assignment]  TERMINATION  of  lease  of  a  deceased tenant.
 Notwithstanding any contrary provision contained in any lease  hereafter
 made  OR  RENEWED which affects premises demised for residential use, or
 partly for residential and partly for professional  use,  the  executor,
 administrator  or legal representative of a deceased tenant under such a
 lease[, may request the landlord thereunder to consent to the assignment
 of such a lease, or to the subletting of the premises demised thereby]
 SHALL HAVE THE OPTION TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE
 LANDLORD  NO LATER THAN EITHER THE LAST DAY OF THE SECOND CALENDAR MONTH
 THAT FOLLOWS THE CALENDAR MONTH IN WHICH THE TENANT DIED OR SURRENDER OF
 THE RENTAL UNIT AND REMOVAL OF ALL THE TENANT'S PERSONAL PROPERTY.  Such
 [request] TERMINATION OPTION shall be accompanied by the written consent
 thereto  of any co-tenant or guarantor of such lease [and a statement of
 the name, business and  home  addresses  of  the  proposed  assignee  or
 sublessee.  Within ten days after the mailing of such request, the land-
 lord may ask the sender  thereof  for  additional  information  as  will
 enable  the  landlord to determine if rejection of such request shall be
 unreasonable. Within thirty days after the mailing of  the  request  for
 consent,  or  of  the additional information reasonably asked for by the
 landlord, whichever is later, the landlord shall send a  notice  to  the
 sender  thereof  of  his election to terminate said lease or to grant or

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

                                                            LBD09037-03-1

 A. 6954--A                          2

 refuse his consent. Landlord's failure to send such a  notice  shall  be
 deemed  to be a consent to the proposed assignment or subletting. If the
 landlord consents, said lease may be assigned  in  accordance  with  the
 request  provided  a  written  agreement  by  the  assignee assuming the
 performance of the tenant's obligations under the lease is delivered  to
 the  landlord  in  form  reasonably satisfactory to the landlord, or the
 premises may be sublet in accordance with the request, as the  case  may
 be,  but  the estate of the deceased tenant, and any other tenant there-
 under, shall nevertheless remain liable for the performance of  tenant's
 obligations  under  said lease. If the landlord terminates said lease or
 unreasonably refuses his consent, said lease shall be deemed terminated,
 and the estate of the deceased tenant and any  other  tenant  thereunder
 shall be discharged from further liability thereunder as of the last day
 of  the  calendar month during which the landlord was required hereunder
 to exercise his option. If the landlord reasonably refuses his  consent,
 said lease shall continue in full force and effect, subject to the right
 to  make  further  requests  for  consent  hereunder].   NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO RELIEVE THE TENANT'S ESTATE  OF  LIABILITY
 FOR  RENT MONEY OR ANY DEBT INCURRED PRIOR TO THE DATE OF TERMINATION OF
 THE LEASE, INCLUDING DAMAGES TO THE PREMISES AND ANY EXPENSES THE  LAND-
 LORD MAY INCUR AS A DIRECT RESULT OF THE TENANT'S DEATH, EXCEPT THAT THE
 TENANT'S ESTATE SHALL NOT BE LIABLE FOR DAMAGES OR ANY OTHER PENALTY FOR
 BREACH  OF  INADEQUATE  NOTICE  AS A RESULT OF TERMINATING A LEASE UNDER
 THIS SECTION. Any [request,] notice or communication required or author-
 ized to be given hereunder shall be  sent  by  registered  or  certified
 mail,  return  receipt requested. This act shall not apply to a proprie-
 tary lease, viz.: a lease to, or held by, a tenant entitled  thereto  by
 reason  of  ownership  of  stock  in a corporate owner of premises which
 operates the same on a cooperative basis. Any waiver of any part of this
 section shall be void as against public policy.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-A6954B - Details

See Senate Version of this Bill:: S5746
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:: A458, S548

2021-A6954B - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6954--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, SEAWRIGHT, GOTTFRIED, SIMON, SAYEGH,
   GLICK, DAVILA, FERNANDEZ, DE LOS SANTOS, DINOWITZ  --  read  once  and
   referred  to  the  Committee  on Housing -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted  to  the  Committee on Housing in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the real  property  law,  in  relation  to  providing  a
   deceased  tenant's  legal  representative the option to terminate such
   tenant's lease upon notice to the landlord
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 236 of the real property law, as added by chapter
 156 of the laws of 1965, is amended to read as follows:
   § 236.  [Assignment]  TERMINATION  of  lease  of  a  deceased  tenant.
 Notwithstanding  any contrary provision contained in any lease hereafter
 made OR RENEWED which affects premises demised for residential  use,  or
 partly  for  residential  and partly for professional use, the executor,
 administrator or legal representative of a deceased tenant under such  a
 lease[, may request the landlord thereunder to consent to the assignment
 of  such a lease, or to the subletting of the premises demised thereby]
 SHALL HAVE THE OPTION TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE
 LANDLORD.  SUCH TERMINATION SHALL BE EFFECTIVE AS OF THE DATE  ON  WHICH
 THE  TENANT'S  ESTATE NOTIFIES THE LANDLORD OF ITS ELECTION TO TERMINATE
 AND SURRENDERS POSSESSION OF THE PREMISES.   Such [request]  TERMINATION
 OPTION  shall  be  accompanied  by  the  written  consent thereto of any
 co-tenant or guarantor of such lease [and a statement of the name, busi-
 ness and home addresses of the proposed assignee  or  sublessee.  Within
 ten  days  after  the  mailing of such request, the landlord may ask the
 sender thereof for additional information as will enable the landlord to
 determine if rejection of such request  shall  be  unreasonable.  Within

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09037-05-2

 A. 6954--B                          2

 thirty  days  after  the  mailing  of the request for consent, or of the
 additional information reasonably asked for by the  landlord,  whichever
 is  later, the landlord shall send a notice to the sender thereof of his
 election  to  terminate  said  lease  or to grant or refuse his consent.
 Landlord's failure to send such a notice shall be deemed to be a consent
 to the proposed assignment or subletting. If the landlord consents, said
 lease may be assigned in accordance with the request provided a  written
 agreement by the assignee assuming the performance of the tenant's obli-
 gations  under the lease is delivered to the landlord in form reasonably
 satisfactory to the landlord, or the premises may be sublet  in  accord-
 ance  with  the  request,  as  the  case  may  be, but the estate of the
 deceased tenant, and any other  tenant  thereunder,  shall  nevertheless
 remain  liable  for  the  performance of tenant's obligations under said
 lease. If the landlord terminates said lease or unreasonably refuses his
 consent, said lease shall be deemed terminated, and the  estate  of  the
 deceased tenant and any other tenant thereunder shall be discharged from
 further  liability  thereunder  as of the last day of the calendar month
 during which the landlord was required hereunder to exercise his option.
 If the landlord reasonably refuses his consent, said lease shall contin-
 ue in full force and effect,  subject  to  the  right  to  make  further
 requests  for  consent  hereunder].    NOTHING  IN THIS SECTION SHALL BE
 CONSTRUED TO RELIEVE THE TENANT'S ESTATE OF LIABILITY FOR RENT MONEY  OR
 ANY DEBT INCURRED PRIOR TO THE DATE OF TERMINATION OF THE LEASE, INCLUD-
 ING DAMAGES TO THE PREMISES AND ANY EXPENSES THE LANDLORD MAY INCUR AS A
 DIRECT  RESULT  OF  THE  TENANT'S DEATH, EXCEPT THAT THE TENANT'S ESTATE
 SHALL NOT BE LIABLE FOR DAMAGES OR ANY OTHER PENALTY FOR BREACH OF INAD-
 EQUATE NOTICE AS A RESULT OF TERMINATING A LEASE UNDER THIS SECTION. Any
 [request,] notice or communication required or authorized  to  be  given
 hereunder  shall be sent by registered or certified mail, return receipt
 requested. This act shall not apply to  a  proprietary  lease,  viz.:  a
 lease  to,  or held by, a tenant entitled thereto by reason of ownership
 of stock in a corporate owner of premises which operates the same  on  a
 cooperative  basis. Any waiver of any part of this section shall be void
 as against public policy.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-A6954C (ACTIVE) - Details

See Senate Version of this Bill:: S5746
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:: A458, S548

2021-A6954C (ACTIVE) - Summary

Provides a deceased tenant's legal representative the option to terminate such tenant's lease upon notice to the landlord.

2021-A6954C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6954--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, SEAWRIGHT, GOTTFRIED, SIMON, SAYEGH,
   GLICK, DAVILA, FERNANDEZ, DE LOS SANTOS,  DINOWITZ,  JACKSON  --  read
   once and referred to the Committee on Housing -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee  on  Housing  in  accordance
   with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the real  property  law,  in  relation  to  providing  a
   deceased  tenant's  legal  representative the option to terminate such
   tenant's lease upon notice to the landlord
 
   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
 236-a to read as follows:
   § 236-A. TERMINATION OF LEASE OF A  DECEASED  TENANT.  NOTWITHSTANDING
 ANY  CONTRARY PROVISION CONTAINED IN ANY LEASE HEREAFTER MADE OR RENEWED
 WHICH AFFECTS PREMISES DEMISED FOR RESIDENTIAL USE, OR PARTLY FOR  RESI-
 DENTIAL  AND PARTLY FOR PROFESSIONAL USE, THE EXECUTOR, ADMINISTRATOR OR
 LEGAL REPRESENTATIVE OF A DECEASED TENANT UNDER SUCH A LEASE SHALL  HAVE
 THE  OPTION TO TERMINATE SUCH A LEASE UPON NOTICE GIVEN TO THE LANDLORD.
 SUCH TERMINATION SHALL BE EFFECTIVE AS OF THE DATE ON WHICH THE TENANT'S
 ESTATE NOTIFIES THE LANDLORD OF ITS ELECTION TO TERMINATE AND SURRENDERS
 POSSESSION OF THE PREMISES. SUCH TERMINATION OPTION SHALL BE ACCOMPANIED
 BY THE WRITTEN CONSENT THERETO OF ANY CO-TENANT  OR  GUARANTOR  OF  SUCH
 LEASE.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO RELIEVE THE
 TENANT'S ESTATE OF LIABILITY FOR RENT MONEY OR ANY DEBT  INCURRED  PRIOR
 TO  THE DATE OF TERMINATION OF THE LEASE, INCLUDING DAMAGES TO THE PREM-
 ISES AND ANY EXPENSES THE LANDLORD MAY INCUR AS A DIRECT RESULT  OF  THE
 TENANT'S  DEATH, EXCEPT THAT THE TENANT'S ESTATE SHALL NOT BE LIABLE FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09037-06-2

 A. 6954--C                          2
 
 DAMAGES OR ANY OTHER PENALTY FOR BREACH OF INADEQUATE NOTICE AS A RESULT
 OF TERMINATING A LEASE UNDER THIS SECTION. ANY NOTICE  OR  COMMUNICATION
 REQUIRED OR AUTHORIZED TO BE GIVEN HEREUNDER SHALL BE SENT BY REGISTERED
 OR  CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED. THIS SECTION SHALL NOT
 APPLY TO A PROPRIETARY LEASE, VIZ.: A LEASE TO, OR  HELD  BY,  A  TENANT
 ENTITLED THERETO BY REASON OF OWNERSHIP OF STOCK IN A CORPORATE OWNER OF
 PREMISES  WHICH  OPERATES THE SAME ON A COOPERATIVE BASIS. ANY WAIVER OF
 ANY PART OF THIS SECTION SHALL BE VOID AS AGAINST PUBLIC POLICY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Assembly Bill A6954C

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Sponsored By

EPSTEIN

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2021-A6954 - Details

2021-A6954 - Summary

2021-A6954 - Bill Text download pdf

co-Sponsors

Rebecca Seawright

Richard Gottfried

Jo Anne Simon

Nader sayegh

2021-A6954A - Details

2021-A6954A - Summary

2021-A6954A - Bill Text download pdf

co-Sponsors

Rebecca Seawright

Richard Gottfried

Jo Anne Simon

Nader sayegh

2021-A6954B - Details

2021-A6954B - Summary

2021-A6954B - Bill Text download pdf

co-Sponsors

Rebecca Seawright

Richard Gottfried

Jo Anne Simon

Nader sayegh

2021-A6954C (ACTIVE) - Details

2021-A6954C (ACTIVE) - Summary

2021-A6954C (ACTIVE) - Bill Text download pdf

Comments