A09460 Summary:

BILL NOA09460
 
SAME ASSAME AS S06883
 
SPONSORBuchwald
 
COSPNSRMayer, Miller, Abinanti, Solages, Gottfried, Simon, Mosley, Blake, Seawright, Cahill, Jaffee, Joyner, Peoples-Stokes, Hyndman, Hooper, Bichotte, Ortiz, Steck, Barrett, Otis, Crespo, Cancel, Williams, Sepulveda
 
MLTSPNSRCook, Giglio, Glick, Kearns, Lentol, Magee
 
Add §228-a, RP L
 
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.
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A09460 Actions:

BILL NOA09460
 
03/07/2016referred to aging
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A09460 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9460
 
SPONSOR: Buchwald
  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, 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 disabilities unless the lessor has cause such as non-payment of rent. 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 typical- ly 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 give 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 are on fixed incomes and may not be able to quickly secure new housing, or they may have limited mobility and are 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: This is a new bill.   EFFECTIVE DATE: This act shall take effect immediately.
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A09460 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9460
 
                   IN ASSEMBLY
 
                                      March 7, 2016
                                       ___________
 
        Introduced  by M. of A. BUCHWALD, MAYER -- read once and referred to the
          Committee 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:

     1    Section  1.  The  real property law is amended by adding a new section
     2  228-a to read as follows:
     3    § 228-a. Tenancy in rental buildings; senior  citizens;  persons  with
     4  disabilities.   1. Notwithstanding the provisions of section two hundred
     5  twenty-eight of this article or any other provision to the contrary,  if
     6  substantially  all of the lessees or tenants occupying units in a rental
     7  building are over sixty-five years of age and/or are persons with  disa-
     8  bilities,  the  lessor  may  not  terminate or fail to renew a lease for
     9  premises in such building or terminate a tenancy at will or  at  suffer-
    10  ance,  except  for  cause  such  as the non-payment of rent, without the
    11  prior approval of a court of competent jurisdiction.
    12    2. Notwithstanding any provision to the contrary, a lessor of a rental
    13  building where substantially all of the  lessees  or  tenants  occupying
    14  units in the rental building are over sixty-five years of age and/or are
    15  persons  with  disabilities  may  not  increase  the rent in such rental
    16  building by more than one percent above the  percentage  change  in  the
    17  consumer  price  index  since  the  start  of the tenancy or most recent
    18  renewal, whichever is more recent at the time of renewal of a lease  and
    19  may not increase the rent more than one time annually.
    20    3.  Every  lessor  of  rental buildings where substantially all of the
    21  lessees or tenants occupying units are  over  sixty-five  years  of  age
    22  and/or  are  persons with disabilities, shall notify prospective tenants
    23  of the provision of this section. Such notice shall be in writing,  upon
    24  the  rental application, and shall include, in plain and simple English,
    25  in conspicuous print of at least eighteen point type, an explanation  of
    26  a  tenant's  rights under this section and all other applicable require-
    27  ments and duties relating thereto.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13724-06-6

        A. 9460                             2
 
     1  Such notice shall read as follows:
     2          NOTICE TO SENIOR CITIZENS AND/OR PERSONS WITH DISABILITIES:
     3                              BUILDING TENANCY
     4       SECTION 228-A OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK
     5     PROHIBITS A LESSOR FROM TERMINATING OR FAILING TO RENEW A LEASE OR
     6     TENANCY FOR PREMISES IN CERTAIN HOUSING FOR SENIOR CITIZENS AND/OR
     7                PERSONS WITH DISABILITIES, EXCEPT FOR CAUSE.
     8        (CONSULT SECTION 228-A OF THE REAL PROPERTY LAW FOR SPECIFIC
     9                         INFORMATION AND CRITERIA.)
    10    4.  Any  lessor  who  violates the provisions of this section shall be
    11  liable to the lessee or tenant affected thereby  for  reasonable  costs,
    12  including  reasonable  attorney's  fees,  which  fees shall be taxed and
    13  collected as a part of the costs in the action, and for  the  reasonable
    14  expenses  incurred  by  the affected lessee or tenant in relocating to a
    15  new residence. Additionally, lessors shall return  initiation  fees  and
    16  security  deposits  to lessees or tenants, where appropriate.  An action
    17  to recover for such loss, damage or injury may be brought in  any  court
    18  of competent jurisdiction by the affected tenant or lessee.
    19    5. As used in this section:
    20    (a)  "lessor" means the owner or landlord of a rental building, or his
    21  or her agent;
    22    (b) "person with a disability" means an individual  who  is  currently
    23  receiving  social  security  disability insurance (SSDI) or supplemental
    24  security income (SSI) benefits under the federal social security act  or
    25  disability  pension  or disability compensation benefits provided by the
    26  United States department of veterans affairs or those previously  eligi-
    27  ble  by  virtue  of receiving disability benefits under the supplemental
    28  security income program or the social security  disability  program  and
    29  currently  receiving  medical assistance benefits based on determination
    30  of disability as provided in section  three  hundred  sixty-six  of  the
    31  social services law;
    32    (c) "rental building" means twenty or more residential units; and
    33    (d)  "substantially all" means approximately eighty percent or more of
    34  the lessees or tenants occupying units in a  rental  building,  provided
    35  that  the court need not rely on a strict percentage when, in its deter-
    36  mination, the interests of justice warrant it.
    37    § 2. This act shall take effect immediately.
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