§ 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\nindividuals with a disability moving to a residence of a family member\nor entering certain health care facilities, adult care facilities or\nhousing projects. 1. In any lease or rental agreement covering premises\noccupied for dwelling purposes in which a lessee or tenant has (a)\nattained the age of sixty-two years or older, or will attain such age\nduring the term of such lease or rental agreement or (b) is an\nindividual with a "disability", as defined in subdivision twenty-one of\nsection two hundred ninety-two of the executive law or a husband or wife\nor dependent of such a person residing with him or her, there shall be\nimplied a covenant by the lessor or owner to permit such lessee or\ntenant: (i) who is certified by a physician as no longer able, for\nmedical reasons, to live independently in such premises and requiring\nassistance with instrumental activities of daily living or personal\nactivities of daily living, and who will move to a residence of a member\nof his or her family, or (ii) who is notified of his or her opportunity\nto commence occupancy in an adult care facility (as defined in\nsubdivision twenty-one of section two of the social services law) except\nfor a shelter for adults (as defined in subdivision twenty-three of\nsection two of such law), a residential health care facility (as defined\nin section two thousand eight hundred one of the public health law), or\na housing unit which receives substantial assistance of grants, loans or\nsubsidies from any federal, state or local agency or instrumentality, or\nany not-for-profit philanthropic organization one of whose primary\npurposes is providing low or moderate income housing, or in less\nexpensive premises in a housing project or complex erected for the\nspecific purpose of housing senior citizens or persons with\ndisabilities, to terminate such lease or rental agreement and quit and\nsurrender possession of the leasehold premises, and of the land so\nleased or occupied; and to release the lessee or tenant from any\nliability to pay to the lessor or owner, rent or other payments in lieu\nof rent for the time subsequent to the date of termination of such lease\nin accordance with subdivision two of this section; and to adjust to the\ndate of surrender any rent or other payments made in advance or which\nhave accrued by the terms of such lease or rental agreement.\n 2. (a) Any lease or rental agreement covered by paragraph (a) of\nsubdivision one of this section may be terminated by notice in writing\ndelivered to the lessor or owner or to the lessor's or owner's agent by\na lessee or tenant. Such termination shall be effective no earlier than\nthirty days after the date on which the next rental payment subsequent\nto the date when such notice is delivered is due and payable. Such\nnotice shall be accompanied by a documentation of the physician's\ncertification, accompanied by a notarized statement from a family member\nstating that the senior citizen is related, and will be moving into\ntheir place of residence for a period of not less than six months or\nadmission or pending admission to a facility set forth in subdivision\none of this section. Such notice shall be deemed delivered five days\nafter mailing. Documentation of admission or pending admission shall\nconsist of a copy of an executed lease or contract between the lessee or\ntenant and a facility set forth in subdivision one of this section.\n (b) Any lease or rental agreement covered by paragraph (b) of\nsubdivision one of this section may be terminated by notice in writing\ndelivered to the lessor or owner or to the lessor's or owner's agent by\na lessee or tenant. Such termination shall be effective no earlier than\nthirty days after the date on which the next rental payment subsequent\nto the date when such notice is delivered is due and payable. Such\nnotice shall be accompanied by a documentation of the physician's\ncertification. Such notice shall be deemed delivered five days after\nmailing. Documentation of admission or pending admission shall consist\nof a copy of an executed lease or contract between the lessee or tenant\nand a facility set forth in subdivision one of this section.\n 3. Any person who shall knowingly seize, hold, or detain the personal\neffects, clothing, furniture or other property of any person who has\nlawfully terminated a lease or rental agreement covered by this section\nor the spouse or dependent of any such person, or in any manner\ninterferes with the removal of such property from the premises covered\nby such lease or rental agreement, for the purpose of subjecting or\nattempting to subject any of such property to a purported claim for rent\naccruing subsequent to the date of termination of such lease or rental\nagreement, or attempts so to do, shall be guilty of a misdemeanor and\nshall be punished by imprisonment not to exceed one year or by fine not\nto exceed one thousand dollars, or by both such fine and imprisonment.\n 3-a. Each owner or lessor of a facility or unit into which a lessee or\ntenant is entitled to move after quitting and surrendering as provided\nfor herein shall in writing, upon an application, notify prospective\ntenants of the provision of this section. Such notice shall include, in\nplain and simple English, in conspicuous print of at least eighteen\npoint type, an explanation of a tenants right to terminate the existing\nlease and all other applicable requirements and duties relating thereto.\nSuch notice shall read as follows:\n NOTICE: RESIDENTIAL LEASE TERMINATION\n SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS\nFOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS OR\nINDIVIDUALS WITH A DISABILITY MOVING TO A RESIDENCE OF A FAMILY MEMBER\nOR ENTERING CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR\nHOUSING PROJECTS.\nWho is eligible?\n Any lessee or tenant who is age sixty-two years or older,\n or who will attain such age during the term of the lease or rental\n agreement,\n or an individual with a "disability", as defined in subdivision\n 21 of section 292 of the executive law,\n or a spouse or dependent of such person residing with him or her.\n What kind of facilities does this law apply to?\n This law will apply if the senior citizen or individual with a\ndisability is relocating to:\n A. An adult care facility;\n B. A residential health care facility;\n C. Subsidized low income housing;\n D. Senior citizen housing; or\n E. A residence of a family member.\n What are the responsibilities of the rental property owner?\n When the tenant gives notice of his or her opportunity to move into\none of the above facilities the landlord must allow:\n A. for the termination of the lease or rental agreement, and\n B. the release of the tenant from any liability to pay rent or other\npayments in lieu of rent from the termination of the lease in accordance\nwith section 227-a of the real property law, to the time of the original\ntermination date, and\n C. to adjust any payments made in advance or payments which have\naccrued by the terms of such lease or rental agreement.\n How do you terminate the lease?\n If the tenant can move into one of the specified facilities, he or she\nmust terminate the lease or agreement in writing no earlier than thirty\ndays after the date on which the next rental payment (after the notice\nis delivered) is due and payable. The notice is deemed delivered five\ndays after being mailed. The written notice must include documentation\nof admission or pending admission to one of the above mentioned\nfacilities.\n For example: Mail the notice: May 5th\n Notice received: May 10th\n Next rental payment due: June 1st\n Termination effective: July 1st\n Will the landlord face penalties if he or she does not comply?\n Yes, according to section 227-a of the real property law, if anyone\ninterferes with the removal of your property from the premises they will\nbe guilty of a misdemeanor and will be either imprisoned for up to one\nyear or fined up to $1000.00 or both.\n 4. Any agreement by a lessee or tenant of premises occupied for\ndwelling purposes waiving or modifying his or her rights as set forth in\nthis section shall be void as contrary to public policy.\n