NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1413
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the real property law, in relation to requiring land-
lords to allow for the estate of a deceased tenant to enter the property
for sixty days following the death of the tenant
PURPOSE:
This bill requires landlords to allow for access to a deceased tenant's
rented property by the tenant's family members or friends to remove
their belongings for sixty days following the death of the tenant.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the real property law by adding a new section 232-d.
Section two sets forth the effective date.
JUSTIFICATION:
Current law does not provide a deceased tenant's family members or
friends with a specific period of time within which to remove a tenant's
belongings from their rental unit, leaving it up to the landlord's
discretion. This bill provides for the decedent's estate to have suffi-
cient time to do so, by requiring access to the tenant's unit for sixty
days following their death. The estate is responsible for rent payments
during this period.
LEGISLATIVE HISTORY:
2023-24: A.553 - Referred to Housing
2021-22: A.1043 - Referred to Housing
2019-20: A.599 - Referred to Housing
2017-18: A.4713 - Referred to Housing
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1413
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the real property law, in relation to requiring land-
lords to allow for the estate of a deceased tenant to enter the prop-
erty for sixty days following the death of the tenant
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
2 232-d to read as follows:
3 § 232-d. Sixty day period to access deceased tenant's rented property.
4 A landlord shall allow for access to a deceased tenant's rented property
5 by the tenant's family or friends for sixty days following the death of
6 the tenant. The estate of the tenant shall be liable for rent due for
7 the sixty day period, unless an agreement either express or implied is
8 made providing otherwise.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03854-01-5
