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- Referred to judiciary
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Prohibits the termination of tenancy in certain housing occupied by senior citizens and/or persons with disabilities
In Assembly Committee · Aging · Sponsor David Buchwald
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 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.
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.
Read the full memo (722 words)
Paragraph 2 of Section 1 of the bill limits rent increases in senior housing 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 that qualified senior housing facility lessors 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 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 typically 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 current residents, approximately 150 senior citizens, will be required to move out as the building is rehabilitated. 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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.