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Senate Bill S5746B

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2021-S5746 - Details

See Assembly Version of this Bill:
A6954
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:
S548, A458

2021-S5746 - Summary

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

2021-S5746 - Sponsor Memo

2021-S5746 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5746
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2021
                                ___________
 
 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  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
 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.

2021-S5746A - Details

See Assembly Version of this Bill:
A6954
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:
S548, A458

2021-S5746A - Summary

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

2021-S5746A - Sponsor Memo

2021-S5746A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5746--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  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
 thirty  days  after  the  mailing  of the request for consent, or of the
 additional information reasonably asked for by the  landlord,  whichever

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09037-04-2

2021-S5746B (ACTIVE) - Details

See Assembly Version of this Bill:
A6954
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2023-2024 Legislative Session:
S548, A458

2021-S5746B (ACTIVE) - Summary

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

2021-S5746B (ACTIVE) - Sponsor Memo

2021-S5746B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5746--B
     Cal. No. 897
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee  --  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 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
 DAMAGES OR ANY OTHER PENALTY FOR BREACH OF INADEQUATE NOTICE AS A RESULT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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