assembly Bill A5970

2021-2022 Legislative Session

Prohibits the termination of tenancy in certain housing occupied by senior citizens and/or persons with disabilities

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2021 referred to aging

A5970 (ACTIVE) - Details

See Senate Version of this Bill:
S1106
Current Committee:
Assembly Aging
Law Section:
Real Property Law
Laws Affected:
Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9460, S6883
2017-2018: A6449, S767
2019-2020: A46, S2592

A5970 (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.

A5970 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5970
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2021
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee 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
 SIXTY-FIVE  YEARS  OF  AGE  AND/OR  ARE PERSONS WITH DISABILITIES OF THE
 FILING OF SUCH ACTION.  THE LESSOR SHALL ALSO NOTIFY AT  SUCH  TIME  ANY
 VILLAGE,  TOWN,  CITY AND COUNTY, EXCEPT COUNTIES INSIDE THE CITY OF NEW
 YORK, IN WHICH SUCH RENTAL BUILDING IS LOCATED OF  THE  FILING  OF  SUCH