Friday, October 04, 2019

New Law Allows Disabled Tenants to Terminate Lease in Face of Worsening Medical Conditions

ATTENTION RESIDENTIAL LANDLORDS

On October 3, 2019 Governor Cuomo signed bill A2118 into law, mandating that for all leases moving forward, landlords must accept lease termination notices for tenants living with a "disability" as defined by law, or for the spouse or dependent of a tenant with a disability, should the tenant need to relocate to one of the following:
  • An adult care facility;
  • A residential health care facility;
  • Subsidized low income housing; or 
  • A residence of a family member.
The Tenant Must Give Proper Notice
In order to give proper notice, the tenant needs to attach a physician's certification that the tenant needs to relocate and cannot live independently for medical reasons, as well as a document showing admission or pending admission to an adult care or residential health care facility. 

Tenants must also submit the termination notice with 30 days notice. If the notice is mailed, the notice is considered "received" after 5 days.

Example:
Tenant mailed notice:           May 5th
Notice "received":                May 10th
Next rental payment:            June 1st
Termination effective:          July 1st

Landlords Could Face Fines or Imprisonment for Failing to Accept the Notice
Landlords who refuse the termination notice accompanied by the proper documents could be charged with a misdemeanor, facing either a year in prison, a $1,000 fine, or both. 

RESIDENTIAL LANDLORDS: Make sure that you and your teams are trained in discrimination prevention to avoid fines and jail time. 









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