NY State Senate Bill S1106

Archive: Last Bill Status - In Senate Committee Aging Committee

Introduced
In Committee
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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to aging returned to senate died in assembly
May 26, 2021	referred to aging delivered to assembly passed senate
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.990
Feb 10, 2021	committee discharged and committed to aging
Jan 07, 2021	referred to judiciary

Votes

view votes

May 26, 2021 - floor Vote

S1106

floor

Aye

Nay

Absent

Excused

Abstained

May 11, 2021 - Aging committee Vote

S1106

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Aging committee vote details

Aging Committee Vote: May 11, 2021

aye (5)

aye wr (2)

Co-Sponsors

S1106 (ACTIVE) - Details

See Assembly Version of this Bill:: A5970
Current Committee:: Senate Aging
Law Section:: Real Property Law
Laws Affected:: Add §228-a, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6883, A9460
2017-2018: S767, A6449
2019-2020: S2592, A46
2023-2024: S286, A308

S1106 (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.

S1106 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1106

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would require the approval of a court before the termi-
nation of, or failure to renew, a lease for tenants in rental buildings
where substantially all of the lessees or tenants occupying such units
are sixty-five years of age or older and/or are persons with disabili-
ties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new Section 228a of the real property law
to require landlords to obtain court approval prior to seeking the

termination of, or failure to renew, more than one lease, for tenants in
rental buildings where substantially all of the lessees or tenants occu-
pying such units are sixty-five years of age or older and/or are persons
with disabilities, unless the lessor has cause such as nonpayment of
rent. This section also requires notice to lessees, tenants and local
governments, if such court approval is sought and provides factors the
court may consider when making a termination.  Paragraph 2 of Section 1
of the bill limits rent increases in senior housing and/or housing for
the disabled rental buildings to no more than one percent above the
percentage change in the CPI since the start of the tenancy or most
recent renewal, whichever is more recent at the time of renewal and
further stipulates that such rents may not be increased more than once
annually.

Paragraph 3 of Section 1 of the bill states lessors of qualified senior
housing and/or housing for the disabled shall provide prospective
tenants with a notice in the lease of the tenant's rights provided under
this section.

Paragraph 4 of Section 1 of the bill provides that any owner or landlord
of a senior housing and/or housing for the disabled rental building who
does not comply with these provisions shall be liable for reasonable
costs such as court fees, attorney expenses and relocation costs borne
by affected lessees. Additionally, lessors shall return initiation fees
and security deposits to lessees or tenants where appropriate. An action
to recover for loss, damage or injury may be brought in any court with
jurisdiction by the affected tenant or lessee.

Paragraph 5 of Section 1 defines terms as used in the section! 5(a)
defines "lessor" as the owner or landlord of a rental building; 5(b)
defines "person with a disability" as an individual who is currently
receiving SSDI or SSI benefits; 5(c) defines "rental building" as twenty
or more residential units and 5(d) defines "substantially all" as
approximately eighty percent or more of the lessees or tenants occupying
units in a rental building, provided that the court need not rely on a
strict percentage when, in its determination the interests of justice
warrant it.

Section 2 states this act shall take effect immediately

 
JUSTIFICATION:

The number of older Americans is increasing rapidly. As this population
grows, they will require access to stable, affordable and physically
accessible housing. To ensure these needs are met, many seniors opt to
move from their homes into senior living facilities, as they are typi-
cally centrally located and can provide many of the unique supports and
services seniors require. Often, when residents move into senior housing
they expect they may be there possibly for the rest of their lives.

Recently in White Plains, the Esplanade Senior Living facility decided
to re-purpose that location into higher-end apartments and gave all of
their senior tenants' notice of their pending eviction. This was despite
the fact the facility allowed new tenants to move in and renew leases as
late as one month before the evictions were announced. The residents,
approximately 150 senior citizens, were required to move out. However,
many of these senior citizens were on fixed incomes and many were not be
able to quickly secure new housing or had limited mobility and were not
easily able to move to a new location. This legislation would prevent
similar circumstances from occurring in the future by adding certain
rights and protections for seniors living in senior housing that is not
otherwise regulated by the state.

 
FISCAL IMPLICATIONS:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

This legislation would prohibit certain lessors from removing elderly
and/or disabled tenants without cause.

 
EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2019 - 2020: S2592 (Stewart-Cousins) - Referred to Judiciary / A46
(Buchwald)

2017 - 2018: S.6883 (Stewart-Cousins) - Referred to Judiciary / A.6449A
(Buchwald) Referred to Aging

2016: 5.6883 (Stewart-Cousins) Referred to Judiciary / A.9460 (Buchwald)
- Referred to Aging

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1106 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1106
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- 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  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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07376-01-1

 S. 1106                             2
 
 ACTION.  WHILE  SUCH  ACTION  IS  PENDING,  THE  LESSOR SHALL NOTIFY ANY
 PROSPECTIVE LESSEE OR TENANT PRIOR TO THE SIGNING OF A LEASE  FOR  PREM-
 ISES IN SUCH RENTAL BUILDING OF THE PENDENCY OF SUCH ACTION.
   2. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, A LESSOR OF A RENTAL
 BUILDING  WHERE  SUBSTANTIALLY  ALL  OF THE LESSEES OR TENANTS OCCUPYING
 UNITS IN THE RENTAL BUILDING ARE OVER SIXTY-FIVE YEARS OF AGE AND/OR ARE
 PERSONS WITH DISABILITIES MAY NOT  INCREASE  THE  RENT  IN  SUCH  RENTAL
 BUILDING  BY  MORE  THAN  ONE PERCENT ABOVE THE PERCENTAGE CHANGE IN THE
 CONSUMER PRICE INDEX SINCE THE START  OF  THE  TENANCY  OR  MOST  RECENT
 RENEWAL,  WHICHEVER IS MORE RECENT AT THE TIME OF RENEWAL OF A LEASE AND
 MAY NOT INCREASE THE RENT MORE THAN ONE TIME ANNUALLY.
   3. EVERY LESSOR OF RENTAL BUILDINGS WHERE  SUBSTANTIALLY  ALL  OF  THE
 LESSEES  OR  TENANTS  OCCUPYING  UNITS  ARE OVER SIXTY-FIVE YEARS OF AGE
 AND/OR ARE PERSONS WITH DISABILITIES, SHALL NOTIFY  PROSPECTIVE  TENANTS
 OF  THE PROVISION OF THIS SECTION. SUCH NOTICE SHALL BE IN WRITING, UPON
 THE RENTAL APPLICATION, AND SHALL INCLUDE, IN PLAIN AND SIMPLE  ENGLISH,
 IN  CONSPICUOUS PRINT OF AT LEAST EIGHTEEN POINT TYPE, AN EXPLANATION OF
 A TENANT'S RIGHTS UNDER THIS SECTION AND ALL OTHER  APPLICABLE  REQUIRE-
 MENTS AND DUTIES RELATING THERETO.
 SUCH NOTICE SHALL READ AS FOLLOWS:
         NOTICE TO SENIOR CITIZENS AND/OR PERSONS WITH DISABILITIES:
                             BUILDING TENANCY
      SECTION 228-A OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK
    PROHIBITS A LESSOR FROM TERMINATING OR FAILING TO RENEW A LEASE OR
    TENANCY FOR PREMISES IN CERTAIN HOUSING FOR SENIOR CITIZENS AND/OR
               PERSONS WITH DISABILITIES, EXCEPT FOR CAUSE.
       (CONSULT SECTION 228-A OF THE REAL PROPERTY LAW FOR SPECIFIC
                        INFORMATION AND CRITERIA.)
   4.  ANY  LESSOR  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 LIABLE TO THE LESSEE OR TENANT AFFECTED THEREBY  FOR  REASONABLE  COSTS,
 INCLUDING  REASONABLE  ATTORNEY'S  FEES,  WHICH  FEES SHALL BE TAXED AND
 COLLECTED AS A PART OF THE COSTS IN THE ACTION, AND FOR  THE  REASONABLE
 EXPENSES  INCURRED  BY  THE AFFECTED LESSEE OR TENANT IN RELOCATING TO A
 NEW RESIDENCE. ADDITIONALLY, LESSORS SHALL RETURN  INITIATION  FEES  AND
 SECURITY  DEPOSITS  TO LESSEES OR TENANTS, WHERE APPROPRIATE.  AN ACTION
 TO RECOVER FOR SUCH LOSS, DAMAGE OR INJURY MAY BE BROUGHT IN  ANY  COURT
 OF COMPETENT JURISDICTION BY THE AFFECTED TENANT OR LESSEE.
   5. AS USED IN THIS SECTION:
   (A)  "LESSOR" MEANS THE OWNER OR LANDLORD OF A RENTAL BUILDING, OR HIS
 OR HER AGENT;
   (B) "PERSON WITH A DISABILITY" MEANS AN INDIVIDUAL  WHO  IS  CURRENTLY
 RECEIVING  SOCIAL  SECURITY  DISABILITY INSURANCE (SSDI) OR SUPPLEMENTAL
 SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL SECURITY ACT  OR
 DISABILITY  PENSION  OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE
 UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THOSE PREVIOUSLY  ELIGI-
 BLE  BY  VIRTUE  OF RECEIVING DISABILITY BENEFITS UNDER THE SUPPLEMENTAL
 SECURITY INCOME PROGRAM OR THE SOCIAL SECURITY  DISABILITY  PROGRAM  AND
 CURRENTLY  RECEIVING  MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION
 OF DISABILITY AS PROVIDED IN SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE
 SOCIAL SERVICES LAW;
   (C) "RENTAL BUILDING" MEANS TWENTY OR MORE RESIDENTIAL UNITS; AND
   (D)  "SUBSTANTIALLY ALL" MEANS APPROXIMATELY EIGHTY PERCENT OR MORE OF
 THE LESSEES OR TENANTS OCCUPYING UNITS IN A  RENTAL  BUILDING,  PROVIDED
 THAT  THE COURT NEED NOT RELY ON A STRICT PERCENTAGE WHEN, IN ITS DETER-
 MINATION, THE INTERESTS OF JUSTICE WARRANT IT.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S1106

Sponsored By

Archive: Last Bill Status - In Senate Committee Aging Committee

Your Voice

Actions

Votes

May 26, 2021 - floor Vote

Floor Vote: May 26, 2021

May 11, 2021 - Aging committee Vote

Aging Committee Vote: May 11, 2021

Co-Sponsors

S1106 (ACTIVE) - Details

S1106 (ACTIVE) - Summary

S1106 (ACTIVE) - Sponsor Memo

S1106 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1106

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Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - In Senate Committee Aging Committee

Your Voice

Actions

Votes

May 26, 2021 - floor Vote

Floor Vote: May 26, 2021

May 11, 2021 - Aging committee Vote

Aging Committee Vote: May 11, 2021

Co-Sponsors

Brad Hoylman-Sigal

Luis R. Sepúlveda

S1106 (ACTIVE) - Details

S1106 (ACTIVE) - Summary

S1106 (ACTIVE) - Sponsor Memo

S1106 (ACTIVE) - Bill Text download pdf

Comments