2023 New York Laws › RPP - Real Property › Article 7 - Landlord and Tenant › 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.

§  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
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. 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 tenants 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.
Who is eligible?
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
facilities.
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.