N.Y. Real Property Law § 236-a: Termination of lease of a deceased tenant

§ 236-a. Termination of lease of a deceased tenant. Notwithstanding

any contrary provision contained in any lease hereafter made or renewed

which affects premises demised for residential use, or partly for

residential and partly for professional use, the executor, administrator

or legal representative of a deceased tenant under such a lease shall

have the option to terminate such a lease upon notice given to the

landlord. Such termination shall be effective as of the date on which

the tenant's estate notifies the landlord of its election to terminate

and surrenders possession of the premises. Such termination option shall

be accompanied by the written consent thereto of any co-tenant or

guarantor of such lease. Nothing in this section shall be construed to

relieve the tenant's estate of liability for rent money or any debt

incurred prior to the date of termination of the lease, including

damages to the premises and any expenses the landlord may incur as a

direct result of the tenant's death, except that the tenant's estate

shall not be liable for damages or any other penalty for breach of

inadequate notice as a result of terminating a lease under this section.

Any notice or communication required or authorized to be given hereunder

shall be sent by registered or certified mail, return receipt requested.

This section shall not apply to a proprietary lease, viz.: a lease to,

or held by, a tenant entitled thereto by reason of ownership of stock in

a corporate owner of premises which operates the same on a cooperative

basis. Any waiver of any part of this section shall be void as against

public policy.