dliu1/legal-llama-raw-text huggingface dataset:
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
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
(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. TenantLegal 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. (YESNO)
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)
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  heshethey  executed
the  same  in  hishertheir  capacity(ies),  and  that by hishertheir
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 nameaddressphone numbere-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
____ Other (describe):_________________________________________________
The person who signed the  TenantLegal  Occupant  Statement  above  has
stated  to  me that heshethey, or a member of hishertheir 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 TenantLegal 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)
State of ______________________)
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
heshethey  executed  the same in hishertheir capacity(ies), and that
by hishertheir signature(s) on the instrument, the  individual(s),  or
the  person  upon  behalf of which the individual(s) acted, executed the
Part III. Statement of InterpretationTranslation
I  am  bilingual  in  English  and  ____________  and have translated or
interpreted this document to the best  of  my  ability  for  the  signer
(name of interpretertranslator)
(signature of interpretertranslator)
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 heshethey executed
the same in  hishertheir  capacity(ies),  and  that  by  hishertheir
signature(s)  on  the  instrument, the individual(s), or the person upon
3. Treatment of rent. (a) The tenant terminating the lease  shall  pay
rent,  pro-rata,  up  to  the  lease  termination  date pursuant to this
(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
(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 andor 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
(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
(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
this section shall be void as contrary to public policy.
§ 227-d. Discrimination based on domestic violence status; prohibited.
1.  Definitions.  For  the  purposes  of  this  section,  a  person is a
domestic violence  victim  and  possesses  domestic  violence  victim
status  if  such person is or has been, or is a parent accompanied by a
minor child or children who is or has been, in a situation in which such
person or child is a victim of an act that would  constitute  a  violent
felony  offense  as  enumerated  in section 70.02 of the penal law, or a
family offense as enumerated in subdivision one of section eight hundred
twelve of the family court act, and such act is  alleged  to  have  been
committed  by  a  member  of the same family or household, as defined in
subdivision one of section eight hundred twelve of the family court act.
2. Discrimination based on domestic violence victim status prohibited.
(a) No person, firm or corporation owning or managing any building  used
for dwelling purposes, or the agent of such person, firm or corporation,
shall,  because  of  such  person's or family member's domestic violence
victim status, (1) refuse to rent a residential unit to  any  person  or
family,  when,  but for such status, rental would not have been refused,
(2) discriminate in the terms, conditions, or  privileges  of  any  such
rental,  when,  but  for such status, such discrimination would not have
occurred, or  (3)  print  or  circulate,  or  cause  to  be  printed  or
circulated, any statement, advertisement or publication which expresses,
directly    or    indirectly,    any   limitation,   specification,   or
discrimination. A violation of this subdivision shall be  a  misdemeanor
and, on conviction thereof, shall be punished by a fine of not less than
one  thousand  dollars  and  not more than two thousand dollars for each
offense; provided, however, that it shall be a defense that such person,
firm, corporation or agent refused to rent a  residential  unit  on  any
other lawful ground.
(b)  (1)  Where  discriminatory conduct prohibited by this subdivision
has occurred, such person or family shall have a cause of action in  any
court of appropriate jurisdiction for compensatory and punitive damages,
with  such  punitive damages not exceeding two thousand dollars for each
offense, and declaratory and injunctive relief; and (2) in  all  actions
brought  under this section, reasonable attorneys' fees as determined by
the court may be awarded to a prevailing party, provided, however,  that
a  prevailing  defendant  in order to recover such reasonable attorneys'
fees must make a motion requesting such fees and show that the action or
proceeding brought was  frivolous.  In  order  to  find  the  action  or
proceeding  to  be  frivolous,  the  court  must find one or more of the
following: (i) the action was commenced, used or continued in bad faith,
solely to delay or prolong the resolution of the litigation or to harass
or maliciously injure another; or  (ii)  the  action  was  commenced  or
continued  in  bad  faith  without any reasonable basis and could not be
supported by a good faith argument for  an  extension,  modification  or
reversal  of  existing  law.  If  the  action or proceeding was promptly
discontinued when the party or attorney learned or should  have  learned
that  the action or proceeding lacked such a reasonable basis, the court
may find that the party or the attorney did not act in bad faith.
(c) Nothing in this section shall be construed as limiting the ability
of a person, firm or corporation owning or managing a building used  for
dwelling  purposes,  or  the  agent of such person, firm or corporation,
from applying reasonable standards not based on or derived from domestic
violence victim status in determining the eligibility  of  a  person  or
family seeking to rent a residential unit.
(d)  This  section  shall  not  apply  to  buildings used for dwelling
purposes that are owner occupied  and  have  two  or  fewer  residential
3.  A  person, firm, or corporation owning or managing a building used
for dwelling purposes or agent of such person, firm or corporation shall
not be civilly liable to other tenants, guests, invitees,  or  licensees
arising  from  reasonable  and  good  faith  efforts to comply with this
4. Nothing in this section shall be construed as prohibiting a person,
firm  or  corporation  owning  or  managing a building used for dwelling
purposes, or the agent of such person, firm or corporation, from:
(a) providing or preserving a  rental  preference  in  any  public  or
private housing for victims of domestic violence;
(b)  providing any other assistance to victims of domestic violence in
obtaining or retaining any public or private housing; or
(c) responding to an inquiry or request by an  applicant,  tenant,  or
leaseholder who is a victim of domestic violence.
5.  Nothing  in  this  section  shall  be  construed  as prohibiting a
municipality from retaining or promulgating  local  laws  or  ordinances
imposing  additional  or enhanced protections prohibiting discrimination
against victims of domestic violence.
6.  Nothing  in  this  section  shall  be   construed   as   limiting,
diminishing, or otherwise affecting any rights under existing law.
§  227-e.  Landlord  duty  to mitigate damages. In any lease or rental
agreement, excluding  any  real  estate  purchase  contract  defined  in
paragraphs  (a), (c) and (d) of subdivision four of section four hundred
sixty-one of this  chapter,  covering  premises  occupied  for  dwelling
purposes,  if  a  tenant vacates a premises in violation of the terms of
the lease, the landlord shall,  in  good  faith  and  according  to  the
landlord's  resources  and  abilities,  take  reasonable  and  customary
actions to rent the premises at fair market value or at the rate  agreed
to  during  the term of the tenancy, whichever is lower. If the landlord
rents the premises at fair market value or at the rate agreed to  during
the  term  of the tenancy, the new tenant's lease shall, once in effect,
terminate the previous tenant's lease  and  mitigate  damages  otherwise
recoverable  against  the  previous  tenant  because  of  such  tenant's
vacating the premises. The burden of proof shall be on the party seeking
to recover damages. Any provision in a lease that exempts  a  landlord's
duty to mitigate damages under this section shall be void as contrary to
§  227-f.  Denial  on  the  basis  of  involvement  in  prior disputes
prohibited. 1. No landlord of a residential  premises  shall  refuse  to
rent  or  offer  a  lease  to  a  potential tenant on the basis that the
potential tenant was involved  in  a  past  or  pending  landlord-tenant
action  or  summary  proceeding under article seven of the real property
actions and proceedings law. There shall  be  a  rebuttable  presumption
that  a person is in violation of this section if it is established that
the person requested information from a tenant screening bureau relating
to a potential tenant or otherwise inspected court records relating to a
potential tenant and the person subsequently refuses to rent or offer  a
lease to the potential tenant.
2.   Whenever   the  attorney  general  shall  believe  from  evidence
satisfactory to him  or  her  that  any  person,  firm,  corporation  or
association or agent or employee thereof has violated subdivision one of
this section, he or she may bring an action or special proceeding in the
supreme court for a judgment enjoining the continuance of such violation
and  for  a civil penalty of not less than five hundred dollars, but not
more than one thousand dollars for each violation.
§ 228. Termination of tenancies at will or by sufferance, by notice. A
tenancy  at will or by sufferance, however created, may be terminated by
a written notice of not less than thirty days given  in  behalf  of  the
landlord,  to  the  tenant,  requiring  him to remove from the premises;
which notice must be served, either by delivering to the tenant or to  a
person of suitable age and discretion, residing upon the premises, or if
neither the tenant nor such a person can be found, by affixing it upon a
conspicuous  part of the premises, where it may be conveniently read. At
the expiration of thirty days after the  service  of  such  notice,  the
landlord  may  re-enter,  maintain  an  action to recover possession, or
proceed, in the manner prescribed by law, to remove the tenant,  without
further or other notice to quit.
§  229.  Liability  of  tenant  holding  over  after  giving notice of
intention to quit. If a tenant gives notice of his intention to quit the
premises held by him, and does not accordingly deliver up the possession
thereof, at the time specified  in  such  notice,  he  or  his  personal
representatives  must,  so long as he continue in possession, pay to the
landlord, his  heirs  or  assigns,  double  the  rent  which  he  should
otherwise  have  paid, to be recovered at the same time, and in the same
manner, as the single rent
§  230.  Right  of  tenants  to  form, join or participate in tenants'
groups. 1. No landlord shall interfere with the right  of  a  tenant  to
form,  join  or  participate  in  the  lawful  activities  of any group,
committee or other organization formed to protect the rights of tenants;
nor shall any landlord harass, punish, penalize, diminish,  or  withhold
any  right,  benefit  or  privilege  of  a  tenant under his tenancy for
exercising such rights.
2. Tenants' groups, committees or other tenants'  organizations  shall
have  the  right  to  meet  without  being  required to pay a fee in any
location on the premises including a community or social room where  use
is  normally  subject to a fee which is devoted to the common use of all
tenants  in  a  peaceful  manner,  at  reasonable  hours   and   without
obstructing access to the premises or facilities. No landlord shall deny
such right.
§  231.  Lease,  when  void;  liability of landlord where premises are
occupied for unlawful purposes. 1. Whenever the lessee or occupant  other
than  the  owner  of  any  building or premises, shall use or occupy the
same, or any part thereof, for any illegal trade, manufacture  or  other
business,  the  lease  or agreement for the letting or occupancy of such
building or premises, or any part thereof shall thereupon  become  void,
and  the landlord of such lessee or occupant may enter upon the premises
so let or occupied.
2. The owner of real property, knowingly leasing or giving  possession
of  the  same to be used or occupied, wholly or partly, for any unlawful
trade, manufacture or business, or knowingly permitting the same  to  be
so  used,  is liable severally, and also jointly with one or more of the
tenants or  occupants  thereof,  for  any  damage  resulting  from  such
unlawful use, occupancy, trade, manufacture or business.
3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described  in  section 230.00, 230.05, 230.06, 230.11, 230.12,
230.13, 230.20, 230.25, 230.30,  230.32  or  230.40  of  the  penal  law
arising  out  of conduct engaged in at the same premises consisting of a
dwelling as that term is defined in subdivision four of section four  of
the  multiple dwelling law shall be presumptive evidence of unlawful use
of such premises and of the owner's knowledge of the same.
4. Any lease or  agreement  hereafter  executed  for  the  letting  or
occupancy  of  real  property  or any portion thereof, to be used by the
lessee as a residence,  which  contains  therein  a  provision  pledging
personal  property  exempt  by  law  from  levy and sale by virtue of an
execution, as security for the payment of rent  due  or  to  become  due
thereunder, is void as to such provision.
* 5.  The attorney general may commence an action or proceeding in the
supreme court to enjoin the continued  unlawful  trade,  manufacture  or
business in such premises.
* NB There are 2 sub 5's
* 5.  For the purposes of this section, two or more convictions of any
offenses  described  in  section 225.00, 225.05, 225.10, 225.15, 225.20,
225.30, 225.32, 225.35 or 225.40  of  the  penal  law,  arising  out  of
conduct engaged in at the same premises consisting of a dwelling as that
term  is  defined  in  subdivision  four of section four of the multiple
dwelling law shall be presumptive  evidence  of  unlawful  use  of  such
premises and of the owner's knowledge of the same.