N.Y. Real Property Law § 227-c: Termination of residential lease by victims of domestic violence

§ 227-c. Termination of residential lease by victims of domestic

violence. 1. Lease or rental agreement. In any lease or rental agreement

covering premises occupied for dwelling purposes, where a tenant or a

member of the tenant's household is a victim of domestic violence as

defined by section four hundred fifty-nine-a of the social services law

and reasonably fears remaining in the leasehold premises because of

potential further domestic violence, such tenant shall be permitted to

terminate such lease or rental agreement and quit and surrender

possession of the leasehold premises and the land so leased or occupied

pursuant to the provisions of this section and to be released 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.

2. Lease termination procedure. (a) A tenant who meets the

requirements in subdivision one of this section may terminate the

tenant's lease by notice in writing delivered to the lessor or owner of

the premises occupied by such person, or to the lessor's or owner's

agent, and to any co-tenants of such lessee or tenant other than the

perpetrator of domestic violence. The notice shall specify the

termination date which shall be no earlier than thirty days after such

notice is delivered. If the notice is mailed via first class mail, it

shall be deemed delivered five days after mailing. If the tenant asserts

that the lessor or owner is the perpetrator of domestic violence, a

person authorized by the tenant may deliver such notice on the tenant's

behalf.

(b) Such notice shall state that the tenant or a member of the

tenant's household has experienced domestic violence and reasonably

believes the tenant, or the member of the tenant's household, is unable

to safely remain in the leased premises as a result of the domestic

violence.

(c) Within twenty-five days of such notice, the tenant shall provide

documentation demonstrating that the tenant or a member of the tenant's

household has been a victim of domestic violence as described in

subdivision one of this section. This documentation may include any one

or more of the following:

(i) A temporary or final order of protection issued by a court of

competent jurisdiction;

(ii) A record, complaint, or report from a federal, state, or local

law enforcement agency of an act of domestic violence as described in

section four hundred fifty-nine-a of the social services law or a family

offense as described in section eight hundred twelve of the family court

act, or certifying that the tenant or a member of the tenant's household

has been subjected to domestic violence;

(iii) A record from a health care provider for treatment related to

domestic violence as described in section four hundred fifty-nine-a of

the social services law or a family offense as described in section

eight hundred twelve of the family court act;

(iv) A written verification from any other qualified third party to

whom the tenant, or a member of the tenant's household reported the

domestic violence.

(A) "Qualified third party" shall include: any law enforcement

officer; employee of a court of the state; attorney, physician,

psychiatrist, psychologist, social worker, registered nurse, therapist,

or clinical professional counselor licensed to practice in any state;

person employed by a government or non-profit agency or service that

advises or provides services to persons regarding domestic violence; or

any member of the clergy of a church or religious society or

denomination.

(B) Written verification as described herein shall be satisfied by any

sworn or notarized statement including the required information.

(d) The following sample forms shall satisfy the notice and

verification requirements but are not required. These sample forms shall

be posted to the New York state unified court system's website, and

shall be made available in the state's family, civil, housing, criminal,

and supreme courts:

Part I. Tenant/Legal Occupant Statement

I, (insert name of tenant), state as follows:

(Choose the next part (A, B, or C) that most accurately describes your

situation)

(A) I have been subject to domestic violence. Date(s) of recent

incident(s) happened on or about:

(B) A member of my household has been subject to domestic violence.

Date(s) of recent incident(s) happened on or about:

(C) Both I and at least one member of my household have been subject to

domestic violence. Date(s) of recent incident(s) happened on or about:

The person I have asserted has perpetrated domestic violence is my

co-tenant, and I cannot safely give notice of my termination to my

co-tenant. (YES/NO)

I reasonably fear that I cannot safely remain in my current apartment. I

hereby terminate my lease effective (date at least thirty days after

this notice is delivered).

_______________________ ___________

(signature of tenant) (date)

Acknowledgement

State of _____________________)

)ss.:

County of ____________________)

On the ______ day of __________ in the year _____, before me, the

undersigned notary public, personally appeared _______________________,

personally known to me or proved to me on the basis of satisfactory

evidence to be the individual(s) whose name(s) is (are) subscribed to

the within instrument and acknowledged to me that he/she/they executed

the same in his/her/their capacity(ies), and that by his/her/their

signature(s) on the instrument, the individual(s), or the person upon

behalf of which the individual(s) acted, executed the instrument.

_________________________

Notary Public

Part II. Qualified Third Party Statement

I, (insert name of qualified third party), state as follows:

My employer name/address/phone number/e-mail address are as follows:

I am:

____ A law enforcement officer employed by the (insert law enforcement

agency).

____ An employee of __________________________ court located in the

state of _______________.

____ An attorney licensed to practice in (insert name of state(s)).

____ A physician licensed to practice in (insert name of state(s)).

____ A psychiatrist licensed to practice in (insert name of state(s)).

____ A psychologist licensed to practice in (insert name of state(s)).

____ A social worker licensed to practice in (insert name of state(s)).

____ A nurse licensed to practice in (insert name of state(s)).

____ A therapist or clinical professional counselor licensed to practice

in (insert name of state(s));

____ Employed by a government or non-profit agency or service that

advises persons regarding domestic violence or refers them to

persons or agencies for services or advice.

____ A member of the clergy of a church or religious society or

denomination.

____ Other (describe):_________________________________________________

The person who signed the Tenant/Legal Occupant Statement above has

stated to me that he/she/they, or a member of his/her/their household,

has been subject to domestic violence.

This person further stated to me the incident(s) occurred on or about

the date(s) stated above.

I understand that the person who signed the Tenant/Legal Occupant

Statement may use this document as a basis for terminating a lease with

the person's lessor.

__________________________________________

(name of qualified third party)

__________________________________________

(signature of qualified third party)

______________

(date)

Acknowledgement

State of ______________________)

)ss.:

County of _____________________)

On the _______ day of ___________ in the year _____, before me, the

undersigned notary public, personally appeared

_________________________, personally known to me or proved to me on the

basis of satisfactory evidence to be the individual(s) whose name(s) is

(are) subscribed to the within instrument and acknowledged to me that

he/she/they executed the same in his/her/their capacity(ies), and that

by his/her/their signature(s) on the instrument, the individual(s), or

the person upon behalf of which the individual(s) acted, executed the

instrument.

____________________________________________

Notary Public

Part III. Statement of Interpretation/Translation

I am bilingual in English and ____________ and have translated or

interpreted this document to the best of my ability for the signer

above.

_________________________________________

(name of interpreter/translator)

_________________________________________

(signature of interpreter/translator)

___________________

(date)

Acknowledgement

State of ______________________)

)ss.:

County of _____________________)

On the _______ day of ___________ in the year _____, before me, the

undersigned notary public, personally appeared ________________,

personally known to me or proved to me on the basis of satisfactory

evidence to be the individual(s) whose name(s) is (are) subscribed to

the within instrument and acknowledged to me that he/she/they executed

the same in his/her/their capacity(ies), and that by his/her/their

signature(s) on the instrument, the individual(s), or the person upon

behalf of which the individual(s) acted, executed the instrument.

____________________________________________

Notary Public

3. Treatment of rent. (a) The tenant terminating the lease shall pay

rent, pro-rata, up to the lease termination date pursuant to this

section.

(b) The tenant terminating the lease shall be entitled to a refund for

any prepaid rent or other payments covering the period after the

effective date of the lease termination, as long as the tenant has

vacated the premises. Such refund shall be provided within ten days of

delivery of the written notice as outlined in subdivision two of this

section.

(c) A tenant who meets the requirements in subdivision one of this

section and submits proper notice pursuant to subdivision two of this

section shall have a defense in any action brought by a landlord against

such tenant to recover rent and/or damages for breach of lease and shall

not be liable for any rent after the effective termination date.

(d) The lessor or owner may withhold a security deposit in part or in

full to the extent allowed by the lease or statute, except for the early

termination granted by this section, and shall not withhold any part of

the security deposit due to the tenant's exercise of rights under this

section.

(e) Nothing in this section shall be construed to be a defense against

an action for rent for a period of time before the tenant vacated the

premises and gave notice as required in subdivision two of this section.

4. Co-tenants and other occupants. Upon termination:

(a) If the terminating tenant is the sole leaseholder, the premises

shall be delivered to the lessor or owner:

(i) free of all tenants and occupants, provided that the terminating

tenant shall not be responsible for ensuring that the abusive household

member is not present; and

(ii) in accordance with the terms of the lease relating to delivery of

the premises at the termination of the lease.

(b) If there are tenants on the lease other than the terminating

tenant:

(i) the landlord shall not, except upon consent of such additional

tenants, terminate or sever the co-tenancy. The landlord must provide

the remaining tenant at least thirty days from the termination date to

decide whether to consent to a termination or severance.

(ii) The remaining co-tenant or co-tenants hold the right to add an

additional occupant as defined by paragraph (b) of subdivision one of

section two hundred thirty-five-f of this article.

5. Confidentiality provisions. (a) Unless the terminating tenant

provides written authorization for the release of information or unless

required by law, court order, or statute, the information shall not be

released. Information that shall be kept confidential shall include

information obtained during the process of the tenant terminating his or

her lease in accordance with this section, such as: (i) the nature of

the termination, (ii) the status of the tenant or member of the tenant's

household as a victim of domestic violence, and (iii) any information

contained in documentation provided to demonstrate status as a victim of

domestic violence.

(b) Pursuant to this section, the landlord shall not divulge,

describe, or characterize the termination of the rental agreement as an

early termination by a current lessor to a prospective lessor or any

third party.

6. Violations. (a) Landlords who knowingly, or intentionally violate

any part of this section may be liable for liquidated damages, not to

exceed one thousand dollars, actual damages, costs and attorneys' fees.

(b) 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.