Senate Bill S5746A

                            
 
                     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.
              

                                                            LBD09037-02-1

 S. 5746                             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.

                             
                     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.
              

                                                            LBD09037-07-2
 S. 5746--B                          2
 
 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.