Assembly Bill A458

Signed By Governor
2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A458 (ACTIVE) - Details

See Senate Version of this Bill:
S548
Law Section:
Real Property Law
Laws Affected:
Add §236-a, RP L
Versions Introduced in 2021-2022 Legislative Session:
A6954, S5746

2023-A458 (ACTIVE) - Summary

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

2023-A458 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    458
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. EPSTEIN, SEAWRIGHT, SIMON, SAYEGH, GLICK, DAVILA,
   DE LOS SANTOS, DINOWITZ, JACKSON, L. ROSENTHAL, STECK -- read once and
   referred to the Committee on Housing
 
 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

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