dliu1/legal-llama-raw-text huggingface dataset:
3. To a purchaser at foreclosure sale.
§  225.  Notice  of  action  adverse  to possession of tenant. Where a
process or summons in an action to recover the real property occupied by
him, or the possession  thereof,  is  served  upon  a  tenant,  he  must
forthwith give notice thereof to his landlord; otherwise he forfeits the
value  of  three  years' rent of such property, to the landlord or other
person of whom he holds.
§ 226. Effect of renewal on sub-lease. The surrender of an under-lease
is not requisite to the validity of the surrender of the original lease,
where  a  new lease is given by the chief landlord. Such a surrender and
renewal do not impair any right or interest of the chief  landlord,  his
lessee  or  the  holder  of  an  under-lease,  under the original lease;
including the chief landlord's remedy by entry, for the rent  or  duties
secured  by the new lease, not exceeding the rent and duties reserved in
the original lease surrendered.
§  226-a.  Effect of new lease on tenant's right to remove fixtures or
improvements. Unless otherwise expressly agreed, where a  tenant  has  a
right  to  remove fixtures or improvements, such right shall not be lost
or impaired by reason of his acceptance of  a  new  lease  of  the  same
premises without any surrender of possession between terms.
§  226-b.  Right  to  sublease or assign. 1. Unless a greater right to
assign is conferred by the lease, a tenant renting a residence  may  not
assign his lease without the written consent of the owner, which consent
may  be  unconditionally  withheld without cause provided that the owner
shall release the tenant from the lease upon request of the tenant  upon
thirty  days  notice  if  the owner unreasonably withholds consent which
release shall be the sole remedy of the tenant. If the owner  reasonably
withholds consent, there shall be no assignment and the tenant shall not
be released from the lease.
2. (a) A tenant renting a residence pursuant to an existing lease in a
dwelling  having  four or more residential units shall have the right to
sublease his premises subject to the written consent of the landlord  in
advance  of  the  subletting.  Such  consent  shall  not be unreasonably
withheld.
(b) The tenant shall inform the landlord of his intent to sublease  by
mailing  a  notice  of  such  intent  by  certified mail, return receipt
requested.  Such  request  shall  be  accompanied   by   the   following
information: (i) the term of the sublease, (ii) the name of the proposed
sublessee, (iii) the business and permanent home address of the proposed
sublessee,  (iv)  the  tenant's  reason for subletting, (v) the tenant's
address for the term of the sublease, (vi) the written  consent  of  any
cotenant  or  guarantor  of  the lease, and (vii) a copy of the proposed
sublease, to which a copy of the tenant's lease  shall  be  attached  if
available,  acknowledged by the tenant and proposed subtenant as being a
true copy of such sublease.
(c) Within ten days after the mailing of such  request,  the  landlord
may  ask  the  tenant  for  additional  information  as  will enable the
landlord  to  determine  if  rejection  of   such   request   shall   be
unreasonable.  Any  such request for additional information shall not be
unduly burdensome.  Within thirty days after the mailing of the  request
for  consent,  or  of the additional information reasonably asked for by
the landlord, whichever is later, the landlord shall send  a  notice  to
the  tenant  of  his  consent  or,  if  he does not consent, his reasons
therefore, Landlord's failure to send such a notice shall be deemed to be
a consent to the proposed subletting.  If  the  landlord  consents,  the
premises  may  be  sublet in accordance with the request, but the tenant
thereunder, shall nevertheless remain  liable  for  the  performance  of
tenant's  obligations  under  said  lease.  If  the  landlord reasonably
withholds consent, there shall be no subletting and the tenant shall not
be released from the  lease.  If  the  landlord  unreasonably  withholds
consent,  the  tenant  may sublet in accordance with the request and may
recover the costs of the proceeding and attorneys fees if  it  is  found
that the owner acted in bad faith by withholding consent.
3.  The  provisions of this section shall apply to leases entered into
or renewed before or after the effective date of this  section,  however
they  shall  not apply to public housing and other units for which there
are constitutional or statutory criteria covering admission thereto  nor
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.
4. With respect to units covered by the  emergency  tenant  protection
act  of  nineteen seventy-four or the rent stabilization law of nineteen
hundred sixty-nine the exercise of the rights granted  by  this  section
shall  be  subject  to  the  applicable provisions of such laws. Nothing
contained in this section two hundred twenty-six-b shall  be  deemed  to
affect  the  rights, if any, of any tenant subject to title Y of chapter
51 of the administrative code of the city of New York or  the  emergency
housing rent control law.
5.  Any sublet or assignment which does not comply with the provisions
of this section shall  constitute  a  substantial  breach  of  lease  or
6.  Any provision of a lease or rental agreement purporting to waive a
provision of this section is null and void.
7. The provisions of this section except for items in paragraph (b) of
subdivision two of this section not previously required, shall apply  to
all  actions  and  proceedings  pending  on  the  effective date of this
8. Nothing contained in this section shall be  deemed  to  prevent  or
limit  the  right of a tenant to sell improvements to a unit pursuant to
article seven-C of the multiple dwelling law.
§  226-c.  Notice  of  rent  increase  or  non-renewal  of residential
tenancy.   1. (a) Whenever a landlord intends  to  offer  to  renew  the
tenancy  of  an  occupant  in  a  residential  dwelling unit with a rent
increase equal to or greater than five percent above the  current  rent,
or the landlord does not intend to renew the tenancy, the landlord shall
provide  written  notice as required in subdivision two of this section.
If the landlord fails to provide timely notice,  the  occupant's  lawful
tenancy  shall continue under the existing terms of the tenancy from the
date on which the landlord gave actual written notice until  the  notice
period  has  expired,  notwithstanding any provision of a lease or other
tenancy agreement to the contrary.
(b) Notwithstanding paragraph (a) of this  subdivision,  notice  shall
not  be  required  under  this  section  to be provided by a cooperative
housing  corporation,  other  than  a  cooperative  housing  corporation
subject  to the provisions of article two, article four, article five or
article eleven of the private housing finance law, to a tenant who is  a
dwelling  unit owner or shareholder of such corporation. Nothing in this
paragraph shall relieve such  cooperative  housing  corporation  of  any
otherwise  applicable  obligation  to  provide  notice  to  such  tenant
pursuant to any other law or any agreement between the parties.
2. (a) For the purposes of this section, the required notice shall  be
based  on  the  cumulative  amount  of  time the tenant has occupied the
residence or the length of the  tenancy  in  each  lease,  whichever  is
longer.
(b)  If  the  tenant  has occupied the unit for less than one year and
does not have a lease term of at least  one  year,  the  landlord  shall
provide at least thirty days' notice.
(c)  If  the  tenant  has occupied the unit for more than one year but
less than two years, or has a lease term of at least one year  but  less
than two years, the landlord shall provide at least sixty days' notice.
(d) If the tenant has occupied the unit for more than two years or has
a  lease term of at least two years, the landlord shall provide at least
ninety days' notice.
§  227. When tenant may surrender premises.  Where any building, which
is leased or occupied, is destroyed or so injured by  the  elements,  or
any  other  cause as to be untenantable, and unfit for occupancy, and no
express agreement to the contrary has been made in writing,  the  lessee
or  occupant  may,  if the destruction or injury occurred without his or
her fault or neglect, quit and surrender  possession  of  the  leasehold
premises,  and  of  the land so leased or occupied; and he or she is not
liable to pay to the lessor or owner, rent for the  time  subsequent  to
the surrender. Any rent paid in advance or which may have accrued by the
terms  of  a  lease or any other hiring shall be adjusted to the date of
such surrender.
§  227-a.  Termination  of  residential  lease  by  senior citizens or
individuals with a disability moving to a residence of a  family  member
or  entering  certain  health  care facilities, adult care facilities or
housing projects. 1. In any lease or rental agreement covering  premises
occupied  for  dwelling  purposes  in  which  a lessee or tenant has (a)
attained the age of sixty-two years or older, or will  attain  such  age
during  the  term  of  such  lease  or  rental  agreement  or  (b) is an
individual with a disability, as defined in subdivision twenty-one  of
section two hundred ninety-two of the executive law or a husband or wife
or  dependent  of such a person residing with him or her, there shall be
implied a covenant by the lessor or  owner  to  permit  such  lessee  or
tenant:  (i)  who  is  certified  by  a physician as no longer able, for
medical reasons, to live independently in such  premises  and  requiring
assistance  with  instrumental  activities  of  daily living or personal
activities of daily living, and who will move to a residence of a member
of his or her family, or (ii) who is notified of his or her  opportunity
to  commence  occupancy  in  an  adult  care  facility  (as  defined  in
subdivision twenty-one of section two of the social services law) except
for a shelter for adults (as  defined  in  subdivision  twenty-three  of
section two of such law), a residential health care facility (as defined
in  section two thousand eight hundred one of the public health law), or
a housing unit which receives substantial assistance of grants, loans or
subsidies from any federal, state or local agency or instrumentality, or
any not-for-profit  philanthropic  organization  one  of  whose  primary
purposes  is  providing  low  or  moderate  income  housing,  or in less
expensive premises in a housing  project  or  complex  erected  for  the
specific   purpose   of   housing   senior   citizens  or  persons  with
disabilities, to terminate such lease or rental agreement and  quit  and
surrender  possession  of  the  leasehold  premises,  and of the land so
leased or occupied; and  to  release  the  lessee  or  tenant  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; and to adjust to the
date of surrender any rent or other payments made in  advance  or  which
have accrued by the terms of such lease or rental agreement.
2.  (a)  Any  lease  or  rental  agreement covered by paragraph (a) of
subdivision one of this section may be terminated by notice  in  writing
delivered  to the lessor or owner or to the lessor's or owner's agent by
a lessee or tenant. Such termination shall be effective no earlier  than
thirty  days  after the date on which the next rental payment subsequent
to the date when such notice is  delivered  is  due  and  payable.  Such
notice  shall  be  accompanied  by  a  documentation  of the physician's
certification, accompanied by a notarized statement from a family member
stating that the senior citizen is related,  and  will  be  moving  into
their  place  of  residence  for a period of not less than six months or
admission or pending admission to a facility set  forth  in  subdivision
one  of  this  section.  Such notice shall be deemed delivered five days
after mailing. Documentation of admission  or  pending  admission  shall
consist of a copy of an executed lease or contract between the lessee or
tenant and a facility set forth in subdivision one of this section.
(b)  Any  lease  or  rental  agreement  covered  by  paragraph  (b) of
certification. Such notice shall be deemed  delivered  five  days  after
mailing.  Documentation  of admission or pending admission shall consist
of a copy of an executed lease or contract between the lessee or  tenant
and a facility set forth in subdivision one of this section.
3.  Any person who shall knowingly seize, hold, or detain the personal
effects, clothing, furniture or other property of  any  person  who  has
lawfully  terminated a lease or rental agreement covered by this section
or the spouse or  dependent  of  any  such  person,  or  in  any  manner
interferes  with  the removal of such property from the premises covered
by such lease or rental agreement, for  the  purpose  of  subjecting  or
attempting to subject any of such property to a purported claim for rent
accruing  subsequent  to the date of termination of such lease or rental
agreement, or attempts so to do, shall be guilty of  a  misdemeanor  and
shall  be punished by imprisonment not to exceed one year or by fine not
to exceed one thousand dollars, or by both such fine and imprisonment.
3-a. Each owner or lessor of a facility or unit into which a lessee or
tenant is entitled to move after quitting and surrendering  as  provided
for  herein  shall  in  writing, upon an application, notify prospective
tenants of the provision of this section. Such notice shall include,  in
plain  and  simple  English,  in  conspicuous print of at least eighteen
point type, an explanation of a tenant's right to terminate the  existing
lease and all other applicable requirements and duties relating thereto.
Such notice shall read as follows:
NOTICE: RESIDENTIAL LEASE TERMINATION
SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
FOR  THE  TERMINATION  OF  A  RESIDENTIAL  LEASE  BY  SENIOR CITIZENS OR
INDIVIDUALS WITH A DISABILITY MOVING TO A RESIDENCE OF A  FAMILY  MEMBER
OR  ENTERING  CERTAIN  HEALTH  CARE FACILITIES, ADULT CARE FACILITIES OR
HOUSING PROJECTS.
Any lessee or tenant who is age sixty-two years or older,
or who will attain such age during the term of the lease or rental
agreement,
or an individual with a disability, as defined in subdivision
21 of section 292 of the executive law,
or a spouse or dependent of such person residing with him or her.
What kind of facilities does this law apply to?
This law will apply  if  the  senior  citizen  or  individual  with  a
disability is relocating to:
A. An adult care facility;
B. A residential health care facility;
C. Subsidized low income housing;
D. Senior citizen housing; or
E. A residence of a family member.
What are the responsibilities of the rental property owner?
When  the  tenant  gives notice of his or her opportunity to move into
one of the above facilities the landlord must allow:
A. for the termination of the lease or rental agreement, and
B. the release of the tenant from any liability to pay rent  or  other
payments in lieu of rent from the termination of the lease in accordance
with section 227-a of the real property law, to the time of the original
termination date, and
C.  to  adjust  any  payments  made  in advance or payments which have
accrued by the terms of such lease or rental agreement.
How do you terminate the lease?
If the tenant can move into one of the specified facilities, he or she
must terminate the lease or agreement in writing no earlier than  thirty
days  after  the date on which the next rental payment (after the notice
is delivered) is due and payable. The notice is  deemed  delivered  five
days  after  being mailed. The written notice must include documentation
of admission  or  pending  admission  to  one  of  the  above  mentioned
For example: Mail the notice: May 5th
Notice received: May 10th
Next rental payment due: June 1st
Termination effective: July 1st
Will the landlord face penalties if he or she does not comply?
Yes,  according  to  section 227-a of the real property law, if anyone
interferes with the removal of your property from the premises they will
be guilty of a misdemeanor and will be either imprisoned for up  to  one
year or fined up to $1000.00 or both.
4.  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.
§  227-b.  Termination  of certain contracts by senior citizens. 1. In
any lease or contract for a senior citizen who has attained the  age  of
sixty-two   or  older  to  reside  in  those  facilities  set  forth  in
subdivision one of section two hundred twenty-seven-a  of  this  article
except  for  residential  health  care  facility  (as defined in section
twenty-eight hundred one  of  the  public  health  law)  and  any  other
facilities  operated for the specific purpose of housing senior citizens
which offer ancillary services to  accommodate  senior  citizens,  there
shall be implied a covenant by the lessor or owner of such facilities to
permit  such  senior  citizen,  or other person obligated by any part of
such lease or contract on behalf of such senior citizen, to cancel  such
lease  or  contract until midnight of the third business day after which
such person has signed such lease or contract. Where  any  provision  of
such lease or contract or any law or regulations affords a longer period
to  cancel  than  the  period  provided in this subdivision, such longer
period shall govern.
2. Cancellation occurs when written notice of cancellation is given to
the owner or lessor.
3. Notice of cancellation, if given by mail, shall be deemed given  on
the date of the postmark.
4.  The form of notice of cancellation shall not be prescribed by such
lease or contract. Notice of cancellation  shall  be  sufficient  if  it
indicates  the intention of the senior citizen or other person obligated
for any part of the contract on behalf of such senior citizen to  cancel
such lease or contract.
5.  Where a person exercises their right to cancel a lease or contract
pursuant to this section, and such person  has  terminated  a  lease  or
rental  agreement  under  section  two  hundred  twenty-seven-a  of this
article, such person shall have the right  to  reinstate  such  original
lease or rental agreement until midnight of the fifth business day after
the  notice of termination required under subdivision two of section two
hundred twenty-seven-a of this article has  been  delivered.  Notice  of
intent  to  reinstate  a  lease  or  rental  agreement  pursuant to this
subdivision shall be made in writing and  delivered  to  the  lessor  or
owner  or  to  the owner's or lessor's agent by the lessee or tenant. If
such notice is given by mail, it shall be deemed given on  the  date  of
the  postmark. Such original lease or rental agreement shall continue to
be in effect for the period stated in such agreement  as  if  there  had
been no interruption in the lease period.
6.  Any lease or rental agreement entered into by a lessor or owner to
relet the premises being vacated by the senior  citizen  pursuant  to  a
notice  served  pursuant  to  section two hundred twenty-seven-a of this
article shall be subject to the provisions of this section. In the event
a senior citizen exercises his or her right of reinstatement pursuant to
this section such lease or rental agreement to relet the premises  shall
be  canceled. In such event the owner or lessor shall have no obligation
to (a) the prospective tenant other than refund of any rent or  security
paid  to  such  owner  or  lessor  by the prospective tenant, or (b) any
broker, agent or other party in connection with such reletting.
7. Any broker's fee or commission paid in connection with the lease or
contract referred to in subdivision one of  this  section  or  reletting
referred  to in subdivision six of this section shall be refunded to the
party who paid such fee or commission if such lease or contract referred
to in subdivision one of this  section  is  canceled  pursuant  to  this
section  or if such lease or rental agreement referred to in subdivision
six of this section is canceled or terminated.
8. Notwithstanding any other provision of this section, any person who
enters senior citizen housing prior to midnight of  the  third  business
day  after  the  day on which such person has signed a lease or contract
for such housing and subsequently cancels such lease or  contract  shall
be  financially  responsible for room, board and services received while
such person was a resident in such housing in the same manner and to the
same  extent had the lease or contract not been canceled pursuant to the
provisions of this section.
9. Such lease or contract referred  to  in  subdivision  one  of  this
section shall include a statement notifying the senior citizen of his or
her right to cancel such lease or contract pursuant to the provisions of
this  section.  Such statement shall include in conspicuous print, of at
least eighteen point type, an explanation of a senior citizen's right to
cancel a lease or contract  referred  to  in  subdivision  one  of  this
section  and  all  other  applicable  requirements  and  duties relating
thereto. Such notice shall read as follows:
NOTICE TO SENIOR CITIZENS:
A. CONTRACT OR LEASE CANCELLATION
SECTION 227-b OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
FOR THE CANCELLATION OF A CONTRACT  OR  LEASE  ENTERED  INTO  BY  SENIOR
CITIZENS  WITH  CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR
OTHER SENIOR CITIZEN HOUSING FACILITIES.
Any senior citizen who is age sixty-two years or older.
This law will apply if the senior citizen is canceling a  contract  or
lease with:
a. An adult care facility;
b. Other senior citizen housing facilities.
How do you cancel the contract or lease?
The  senior  citizen  is allowed to cancel a contract or lease entered
into with any of the above mentioned facilities until midnight of  the
third business day after which the contract or lease was signed by the
senior   citizen.   Cancellation   occurs   when   written  notice  of
cancellation is  given  to  the  owner  of  the  facility.  Notice  of
cancellation,  if  given by mail, shall be deemed given on the date of
the postmark.
B. REINSTATEMENT OF A RESIDENTIAL LEASE
SECTION 227-B OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
SENIOR  CITIZENS  TO  REINSTATE  A  RESIDENTIAL  LEASE   UNDER   CERTAIN
CONDITIONS.
Any  senior  citizen  who  has  exercised his or her right to cancel a
lease or contract with an adult care  facility  or  a  senior  citizen
housing  facility and has terminated a residential lease under Section
227-a of the Real Property Law of the State of New York.
How do you reinstate a residential lease?
The senior citizen is allowed to reinstate a residential  lease  until
midnight  of  the  fifth  business day after the notice of termination
required under subdivision two of section 227-a of the  real  property
law  has  been  delivered. Reinstatement occurs when written notice of
reinstatement is given to the landlord. Notice  of  reinstatement,  if
given by mail, shall be deemed given on the date of the postmark.
10.  Any agreement by a senior citizen waiving or modifying any of the
rights set forth in this section shall be void  as  contrary  to  public
§  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