N.Y. Real Property Law § 227-a: Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...

§ 227-a. Termination of residential lease by senior citizens or

individuals with a disability moving to a residence of a family member

or entering certain health care facilities, adult care facilities or

housing projects. 1. In any lease or rental agreement covering premises

occupied for dwelling purposes in which a lessee or tenant has (a)

attained the age of sixty-two years or older, or will attain such age

during the term of such lease or rental agreement or (b) is an

individual with a "disability", as defined in subdivision twenty-one of

section two hundred ninety-two of the executive law or a husband or wife

or dependent of such a person residing with him or her, there shall be

implied a covenant by the lessor or owner to permit such lessee or

tenant: (i) who is certified by a physician as no longer able, for

medical reasons, to live independently in such premises and requiring

assistance with instrumental activities of daily living or personal

activities of daily living, and who will move to a residence of a member

of his or her family, or (ii) who is notified of his or her opportunity

to commence occupancy in an adult care facility (as defined in

subdivision twenty-one of section two of the social services law) except

for a shelter for adults (as defined in subdivision twenty-three of

section two of such law), a residential health care facility (as defined

in section two thousand eight hundred one of the public health law), or

a housing unit which receives substantial assistance of grants, loans or

subsidies from any federal, state or local agency or instrumentality, or

any not-for-profit philanthropic organization one of whose primary

purposes is providing low or moderate income housing, or in less

expensive premises in a housing project or complex erected for the

specific purpose of housing senior citizens or persons with

disabilities, to terminate such lease or rental agreement and quit and

surrender possession of the leasehold premises, and of the land so

leased or occupied; and to release the lessee or tenant from any

liability to pay to the lessor or owner, rent or other payments in lieu

of rent for the time subsequent to the date of termination of such lease

in accordance with subdivision two of this section; and to adjust to the

date of surrender any rent or other payments made in advance or which

have accrued by the terms of such lease or rental agreement.

2. (a) Any lease or rental agreement covered by paragraph (a) of

subdivision one of this section may be terminated by notice in writing

delivered to the lessor or owner or to the lessor's or owner's agent by

a lessee or tenant. Such termination shall be effective no earlier than

thirty days after the date on which the next rental payment subsequent

to the date when such notice is delivered is due and payable. Such

notice shall be accompanied by a documentation of the physician's

certification, accompanied by a notarized statement from a family member

stating that the senior citizen is related, and will be moving into

their place of residence for a period of not less than six months or

admission or pending admission to a facility set forth in subdivision

one of this section. Such notice shall be deemed delivered five days

after mailing. Documentation of admission or pending admission shall

consist of a copy of an executed lease or contract between the lessee or

tenant and a facility set forth in subdivision one of this section.

(b) Any lease or rental agreement covered by paragraph (b) of

subdivision one of this section may be terminated by notice in writing

delivered to the lessor or owner or to the lessor's or owner's agent by

a lessee or tenant. Such termination shall be effective no earlier than

thirty days after the date on which the next rental payment subsequent

to the date when such notice is delivered is due and payable. Such

notice shall be accompanied by a documentation of the physician's

certification. Such notice shall be deemed delivered five days after

mailing. Documentation of admission or pending admission shall consist

of a copy of an executed lease or contract between the lessee or tenant

and a facility set forth in subdivision one of this section.

3. Any person who shall knowingly seize, hold, or detain the personal

effects, clothing, furniture or other property of any person who has

lawfully terminated a lease or rental agreement covered by this section

or the spouse or dependent of any such person, or in any manner

interferes with the removal of such property from the premises covered

by such lease or rental agreement, for the purpose of subjecting or

attempting to subject any of such property to a purported claim for rent

accruing subsequent to the date of termination of such lease or rental

agreement, or attempts so to do, shall be guilty of a misdemeanor and

shall be punished by imprisonment not to exceed one year or by fine not

to exceed one thousand dollars, or by both such fine and imprisonment.

3-a. Each owner or lessor of a facility or unit into which a lessee or

tenant is entitled to move after quitting and surrendering as provided

for herein shall in writing, upon an application, notify prospective

tenants of the provision of this section. Such notice shall include, in

plain and simple English, in conspicuous print of at least eighteen

point type, an explanation of a tenants right to terminate the existing

lease and all other applicable requirements and duties relating thereto.

Such notice shall read as follows:

NOTICE: RESIDENTIAL LEASE TERMINATION

SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS

FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS OR

INDIVIDUALS WITH A DISABILITY MOVING TO A RESIDENCE OF A FAMILY MEMBER

OR ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR

HOUSING PROJECTS.

Who is eligible?

Any lessee or tenant who is age sixty-two years or older,

or who will attain such age during the term of the lease or rental

agreement,

or an individual with a "disability", as defined in subdivision

21 of section 292 of the executive law,

or a spouse or dependent of such person residing with him or her.

What kind of facilities does this law apply to?

This law will apply if the senior citizen or individual with a

disability is relocating to:

A. An adult care facility;

B. A residential health care facility;

C. Subsidized low income housing;

D. Senior citizen housing; or

E. A residence of a family member.

What are the responsibilities of the rental property owner?

When the tenant gives notice of his or her opportunity to move into

one of the above facilities the landlord must allow:

A. for the termination of the lease or rental agreement, and

B. the release of the tenant from any liability to pay rent or other

payments in lieu of rent from the termination of the lease in accordance

with section 227-a of the real property law, to the time of the original

termination date, and

C. to adjust any payments made in advance or payments which have

accrued by the terms of such lease or rental agreement.

How do you terminate the lease?

If the tenant can move into one of the specified facilities, he or she

must terminate the lease or agreement in writing no earlier than thirty

days after the date on which the next rental payment (after the notice

is delivered) is due and payable. The notice is deemed delivered five

days after being mailed. The written notice must include documentation

of admission or pending admission to one of the above mentioned

facilities.

For example: Mail the notice: May 5th

Notice received: May 10th

Next rental payment due: June 1st

Termination effective: July 1st

Will the landlord face penalties if he or she does not comply?

Yes, according to section 227-a of the real property law, if anyone

interferes with the removal of your property from the premises they will

be guilty of a misdemeanor and will be either imprisoned for up to one

year or fined up to $1000.00 or both.

4. Any agreement by a lessee or tenant of premises occupied for

dwelling purposes waiving or modifying his or her rights as set forth in

this section shall be void as contrary to public policy.