| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jun 01, 2023 | returned to assembly passed senate 3rd reading cal.671 substituted for s548 |
| Jun 01, 2023 | substituted by a458 |
| May 01, 2023 | advanced to third reading |
| Apr 26, 2023 | 2nd report cal. |
| Apr 25, 2023 | 1st report cal.671 |
| Jan 17, 2023 | reported and committed to finance |
| Jan 05, 2023 | referred to judiciary |
senate Bill S548
2023-2024 Legislative Session
Sponsored By
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Current Bill Status Via A458 - Passed Senate & Assembly
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S548 (ACTIVE) - Details
S548 (ACTIVE) - Sponsor Memo
BILL NUMBER: S548 SPONSOR: HOYLMAN TITLE OF BILL: 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 PURPOSE: To provide a deceased tenant's estate the option to terminate the deceased tenant's lease. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill creates a new Section 236-a of the Real Property Law to provide a deceased tenant's estate the option of terminating the deceased's lease upon the consent of any co-tenant or guarantor of the lease, and notice being given to the landlord. Section 2 of the bill is the effective date.
S548 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
548
2023-2024 Regular Sessions
I N S E N A T E
January 5, 2023
___________
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. 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00172-01-3
S. 548 2
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