§ 227-C — Termination of residential lease by victims of domestic violence

New York § 227-C

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 7: Landlord and Tenant

Text

§ 227-c. Termination of residential lease by victims of domestic\nviolence. 1. Lease or rental agreement. In any lease or rental agreement\ncovering premises occupied for dwelling purposes, where a tenant or a\nmember of the tenant's household is a victim of domestic violence as\ndefined by section four hundred fifty-nine-a of the social services law\nand reasonably fears remaining in the leasehold premises because of\npotential further domestic violence, such tenant shall be permitted to\nterminate such lease or rental agreement and quit and surrender\npossession of the leasehold premises and the land so leased or occupied\npursuant to the provisions of this section and to be released 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.\n 2. Lease termination procedure. (a) A tenant who meets the\nrequirements in subdivision one of this section may terminate the\ntenant's lease by notice in writing delivered to the lessor or owner of\nthe premises occupied by such person, or to the lessor's or owner's\nagent, and to any co-tenants of such lessee or tenant other than the\nperpetrator of domestic violence. The notice shall specify the\ntermination date which shall be no earlier than thirty days after such\nnotice is delivered. If the notice is mailed via first class mail, it\nshall be deemed delivered five days after mailing. If the tenant asserts\nthat the lessor or owner is the perpetrator of domestic violence, a\nperson authorized by the tenant may deliver such notice on the tenant's\nbehalf.\n (b) Such notice shall state that the tenant or a member of the\ntenant's household has experienced domestic violence and reasonably\nbelieves the tenant, or the member of the tenant's household, is unable\nto safely remain in the leased premises as a result of the domestic\nviolence.\n (c) Within twenty-five days of such notice, the tenant shall provide\ndocumentation demonstrating that the tenant or a member of the tenant's\nhousehold has been a victim of domestic violence as described in\nsubdivision one of this section. This documentation may include any one\nor more of the following:\n (i) A temporary or final order of protection issued by a court of\ncompetent jurisdiction;\n (ii) A record, complaint, or report from a federal, state, or local\nlaw enforcement agency of an act of domestic violence as described in\nsection four hundred fifty-nine-a of the social services law or a family\noffense as described in section eight hundred twelve of the family court\nact, or certifying that the tenant or a member of the tenant's household\nhas been subjected to domestic violence;\n (iii) A record from a health care provider for treatment related to\ndomestic violence as described in section four hundred fifty-nine-a of\nthe social services law or a family offense as described in section\neight hundred twelve of the family court act;\n (iv) A written verification from any other qualified third party to\nwhom the tenant, or a member of the tenant's household reported the\ndomestic violence.\n (A) "Qualified third party" shall include: any law enforcement\nofficer; employee of a court of the state; attorney, physician,\npsychiatrist, psychologist, social worker, registered nurse, therapist,\nor clinical professional counselor licensed to practice in any state;\nperson employed by a government or non-profit agency or service that\nadvises or provides services to persons regarding domestic violence; or\nany member of the clergy of a church or religious society or\ndenomination.\n (B) Written verification as described herein shall be satisfied by any\nsworn or notarized statement including the required information.\n (d) The following sample forms shall satisfy the notice and\nverification requirements but are not required. These sample forms shall\nbe posted to the New York state unified court system's website, and\nshall be made available in the state's family, civil, housing, criminal,\nand supreme courts:\nPart I. Tenant/Legal Occupant Statement\nI, (insert name of tenant), state as follows:\n(Choose the next part (A, B, or C) that most accurately describes your\nsituation)\n(A) I have been subject to domestic violence. Date(s) of recent\nincident(s) happened on or about:\n(B) A member of my household has been subject to domestic violence.\nDate(s) of recent incident(s) happened on or about:\n(C) Both I and at least one member of my household have been subject to\ndomestic violence. Date(s) of recent incident(s) happened on or about:\nThe person I have asserted has perpetrated domestic violence is my\nco-tenant, and I cannot safely give notice of my termination to my\nco-tenant. (YES/NO)\nI reasonably fear that I cannot safely remain in my current apartment. I\nhereby terminate my lease effective (date at least thirty days after\nthis notice is delivered).\n_______________________ ___________\n(signature of tenant) (date)\n Acknowledgement\nState of _____________________)\n )ss.:\nCounty of ____________________)\nOn the ______ day of __________ in the year _____, before me, the\nundersigned notary public, personally appeared _______________________,\npersonally known to me or proved to me on the basis of satisfactory\nevidence to be the individual(s) whose name(s) is (are) subscribed to\nthe within instrument and acknowledged to me that he/she/they executed\nthe same in his/her/their capacity(ies), and that by his/her/their\nsignature(s) on the instrument, the individual(s), or the person upon\nbehalf of which the individual(s) acted, executed the instrument.\n_________________________\nNotary Public\nPart II. Qualified Third Party Statement\nI, (insert name of qualified third party), state as follows:\nMy employer name/address/phone number/e-mail address are as follows:\nI am:\n____ A law enforcement officer employed by the (insert law enforcement\n agency).\n____ An employee of __________________________ court located in the\n state of _______________.\n____ An attorney licensed to practice in (insert name of state(s)).\n____ A physician licensed to practice in (insert name of state(s)).\n____ A psychiatrist licensed to practice in (insert name of state(s)).\n____ A psychologist licensed to practice in (insert name of state(s)).\n____ A social worker licensed to practice in (insert name of state(s)).\n____ A nurse licensed to practice in (insert name of state(s)).\n____ A therapist or clinical professional counselor licensed to practice\n in (insert name of state(s));\n____ Employed by a government or non-profit agency or service that\n advises persons regarding domestic violence or refers them to\n persons or agencies for services or advice.\n____ A member of the clergy of a church or religious society or\n denomination.\n____ Other (describe):_________________________________________________\nThe person who signed the Tenant/Legal Occupant Statement above has\nstated to me that he/she/they, or a member of his/her/their household,\nhas been subject to domestic violence.\nThis person further stated to me the incident(s) occurred on or about\nthe date(s) stated above.\nI understand that the person who signed the Tenant/Legal Occupant\nStatement may use this document as a basis for terminating a lease with\nthe person's lessor.\n__________________________________________\n(name of qualified third party)\n__________________________________________\n(signature of qualified third party)\n______________\n(date)\n Acknowledgement\nState of ______________________)\n )ss.:\nCounty of _____________________)\nOn the _______ day of ___________ in the year _____, before me, the\nundersigned notary public, personally appeared\n_________________________, personally known to me or proved to me on the\nbasis of satisfactory evidence to be the individual(s) whose name(s) is\n(are) subscribed to the within instrument and acknowledged to me that\nhe/she/they executed the same in his/her/their capacity(ies), and that\nby his/her/their signature(s) on the instrument, the individual(s), or\nthe person upon behalf of which the individual(s) acted, executed the\ninstrument.\n____________________________________________\nNotary Public\nPart III. Statement of Interpretation/Translation\nI am bilingual in English and ____________ and have translated or\ninterpreted this document to the best of my ability for the signer\nabove.\n_________________________________________\n(name of interpreter/translator)\n_________________________________________\n(signature of interpreter/translator)\n___________________\n(date)\n Acknowledgement\nState of ______________________)\n )ss.:\nCounty of _____________________)\nOn the _______ day of ___________ in the year _____, before me, the\nundersigned notary public, personally appeared ________________,\npersonally known to me or proved to me on the basis of satisfactory\nevidence to be the individual(s) whose name(s) is (are) subscribed to\nthe within instrument and acknowledged to me that he/she/they executed\nthe same in his/her/their capacity(ies), and that by his/her/their\nsignature(s) on the instrument, the individual(s), or the person upon\nbehalf of which the individual(s) acted, executed the instrument.\n____________________________________________\nNotary Public\n 3. Treatment of rent. (a) The tenant terminating the lease shall pay\nrent, pro-rata, up to the lease termination date pursuant to this\nsection.\n (b) The tenant terminating the lease shall be entitled to a refund for\nany prepaid rent or other payments covering the period after the\neffective date of the lease termination, as long as the tenant has\nvacated the premises. Such refund shall be provided within ten days of\ndelivery of the written notice as outlined in subdivision two of this\nsection.\n (c) A tenant who meets the requirements in subdivision one of this\nsection and submits proper notice pursuant to subdivision two of this\nsection shall have a defense in any action brought by a landlord against\nsuch tenant to recover rent and/or damages for breach of lease and shall\nnot be liable for any rent after the effective termination date.\n (d) The lessor or owner may withhold a security deposit in part or in\nfull to the extent allowed by the lease or statute, except for the early\ntermination granted by this section, and shall not withhold any part of\nthe security deposit due to the tenant's exercise of rights under this\nsection.\n (e) Nothing in this section shall be construed to be a defense against\nan action for rent for a period of time before the tenant vacated the\npremises and gave notice as required in subdivision two of this section.\n 4. Co-tenants and other occupants. Upon termination:\n (a) If the terminating tenant is the sole leaseholder, the premises\nshall be delivered to the lessor or owner:\n (i) free of all tenants and occupants, provided that the terminating\ntenant shall not be responsible for ensuring that the abusive household\nmember is not present; and\n (ii) in accordance with the terms of the lease relating to delivery of\nthe premises at the termination of the lease.\n (b) If there are tenants on the lease other than the terminating\ntenant:\n (i) the landlord shall not, except upon consent of such additional\ntenants, terminate or sever the co-tenancy. The landlord must provide\nthe remaining tenant at least thirty days from the termination date to\ndecide whether to consent to a termination or severance.\n (ii) The remaining co-tenant or co-tenants hold the right to add an\nadditional occupant as defined by paragraph (b) of subdivision one of\nsection two hundred thirty-five-f of this article.\n 5. Confidentiality provisions. (a) Unless the terminating tenant\nprovides written authorization for the release of information or unless\nrequired by law, court order, or statute, the information shall not be\nreleased. Information that shall be kept confidential shall include\ninformation obtained during the process of the tenant terminating his or\nher lease in accordance with this section, such as: (i) the nature of\nthe termination, (ii) the status of the tenant or member of the tenant's\nhousehold as a victim of domestic violence, and (iii) any information\ncontained in documentation provided to demonstrate status as a victim of\ndomestic violence.\n (b) Pursuant to this section, the landlord shall not divulge,\ndescribe, or characterize the termination of the rental agreement as an\nearly termination by a current lessor to a prospective lessor or any\nthird party.\n 6. Violations. (a) Landlords who knowingly, or intentionally violate\nany part of this section may be liable for liquidated damages, not to\nexceed one thousand dollars, actual damages, costs and attorneys' fees.\n (b) 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