NY Real Prop L § 227-B (2021)
2021 New York Laws RPP - Real Property Article 7 - Landlord and Tenant 227-B - Termination of Certain Contracts by Senior Citizens.

§  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.    Who is eligible?Any senior citizen who is age sixty-two years or older.    What kind of facilities does this law apply to?This law will apply if the senior citizen is canceling a  contract  orlease 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 enteredinto with any of the above mentioned facilities until midnight of  thethird business day after which the contract or lease was signed by thesenior   citizen.   Cancellation   occurs   when   written  notice  ofcancellation is  given  to  the  owner  of  the  facility.  Notice  ofcancellation,  if  given by mail, shall be deemed given on the date ofthe postmark.B. REINSTATEMENT OF A RESIDENTIAL LEASESECTION 227-B OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS   SENIOR  CITIZENS  TO  REINSTATE  A  RESIDENTIAL  LEASE   UNDER   CERTAIN   CONDITIONS.   Who is eligible?Any  senior  citizen  who  has  exercised his or her right to cancel alease or contract with an adult care  facility  or  a  senior  citizenhousing  facility and has terminated a residential lease under Section227-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  untilmidnight  of  the  fifth  business day after the notice of terminationrequired under subdivision two of section 227-a of the  real  propertylaw  has  been  delivered. Reinstatement occurs when written notice ofreinstatement is given to the landlord. Notice  of  reinstatement,  ifgiven 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   policy.