H1218B1543A04437 BIL:AMY 11/14/13 #90 A04437

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 1218

Sponsor: REPRESENTATIVE DEAN

Printer's No. 1543

 

1Amend Bill, page 1, line 5, by inserting after "tenant"

2 and for early termination of leases by individuals with 
3disabilities and senior citizens

4Amend Bill, page 1, lines 9 and 10, by striking out "a 
5section" and inserting

6 sections

7Amend Bill, page 2, by inserting between lines 11 and 12

8Section 515. Early Termination of Leases by Individuals with
9Disabilities and Senior Citizens.--(a) Notwithstanding any
10other provision of this act or law, a tenant of a residential
11unit who:

12(1) has a disability or is a senior citizen; and

13(2) is either:

14(i) awaiting admission and subsequently moves to a health
15care facility; or

16(ii) needs to move and subsequently moves to a family
17member's residence for the express purpose of receiving care
18from a home health care agency for a period of no less than six
19months may terminate the lease prior to the date provided in the
20lease by providing the landlord of the residential unit with the
21information specified in subsection (b).

22(b) The following information must be submitted to a
23landlord:

24(1) written notice delivered to the landlord sixty days
25prior to the proposed early termination date informing the
26landlord of the tenant's required admission and move to a health
27care facility or need to move to a family member's residence for
28the express purpose of receiving care from a home health care
29agency for a period of no less than six months;

30(2) certified documentation signed by a licensed physician
31indicating that the tenant, due to medical reasons, is unable to
32continue to live independently in the residential unit and
33requires admission to a health care facility or needs to receive
34care from a home health care agency for a period of no less than
35six months; and

1(3) if applicable, a notarized statement from the tenant's
2family member attesting to the fact that the tenant is a
3relative and will be moving into the family member's residence
4to receive care from a home health care agency for a period of
5no less than six months.

6(c) Nothing under this section shall be construed to relieve
7a tenant to which this section applies of liability for rent or
8any other debt incurred under a lease prior to the termination
9date provided in the lease.

10(d) For the purposes of this section, the following words
11shall have the meanings ascribed to them in this subsection
12unless the context otherwise indicates:

13"Disability." A physical or mental impairment that
14substantially limits one or more major life activities.

15"Health care facility." Any general, chronic disease or
16other type of hospital, personal care home, home health care
17agency, hospice or long-term care nursing facility.

18"Senior citizen." Any person who has attained the age of 62
19years of age or older, or will attain such age during the term
20of an agreement in which the person is a tenant of a residential
21unit.

22Amend Bill, page 2, line 12, by striking out "section 514" 
23and inserting

24 sections 514 and 515

25Amend Bill, page 2, line 15, by striking out "in 60 days." 
26and inserting

27 as follows:

28(1) The addition of section 514 of the act shall take
29effect in 60 days.

30(2) The remainder of this act shall take effect
31immediately.

 

See A04437 in
the context
of HB1218