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.
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.
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.
