Amendment No. 302

 

Assembly Amendment to Assembly Bill No. 274                                                                (BDR 3‑1128)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                       

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 2, before “A” by inserting “1.”.

     Amend section 1, page 1, line 5, by deleting “1.” and inserting “[1.] (a)”.

     Amend section 1, page 1, line 10, by deleting “(a)” and inserting “[(a)]          (1)”.

     Amend section 1, page 1, by deleting lines 11 through 14, and inserting:

     [“(b) For]

          (2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

     [(c)] (3) For tenancies at will, at least 5 days.”.

     Amend section 1, page 2, line 1, by deleting “2.” and inserting “[2.] (b)”.

     Amend section 1, page 2 , by deleting lines 4 through 9, and inserting:

     “[(a)] (1) The term of the rental agreement or its termination and, except as otherwise provided in [paragraph (b),] subparagraph (2), the expiration of a notice of [at] :

               (I) At least 7 days for tenancies from week to week ; and

               (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

     [(b)] (2) A notice of at least 5 days where the tenant has failed to”.

     Amend section 1, page 2, line 12, by deleting “3.” and inserting “ [3.] (c)”.

     Amend section 1, page 2, line 20, by deleting “4.” and inserting “ [4.] (d)”.

     Amend section 1, page 2, between lines 22 and 23, by inserting:

     2.  Except as otherwise provided in this subsection, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant must be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 if the tenant submits a written request for an extended period and provides proof of his age or disability. A landlord is not required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

     3.  Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsection 2.

     4.  If a landlord fails to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. The court shall grant the petition if the tenant submits proof that he is entitled to such an extension pursuant to subsection 2 and may grant such other relief as it deems appropriate.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to property; increasing the length of notice before a person who is 60 years of age or older or who has a disability may be evicted from certain periodic tenancies under certain circumstances; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Increases length of notice before person who is 60 years of age or older or who has disability may be evicted from certain periodic tenancies under certain circumstances. (BDR 3‑1128)”.