New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter VI - Forms For Use In Courts Exercising Criminal Jurisdiction › Application for an order to terminate or sever lease or rental agreement

Current through Register Vol. 46, No. 28, July 10,
				2024
CPL Article 530, RPL § 227-c Application
				  for an Order to Terminate or Sever Lease or Rental Agreement
________ COURT
COUNTY OF ________: PART ________
[CITY, TOWN, VILLAGE OF ________]
________ x
The People of the State of New York Docket No.
				  ________
-against- Indictment No. ________
________, Defendant.
In the matter of the Application of
				  APPLICATION FOR AN ORDER TO
TERMINATE OR SEVER LEASE OR
RENTAL AGREEMENT
________, Lessee/tenant
-against-
________, Landlord(s), and/or
________, Co-tenant(s).
________ x
TO THE ________ COURT:
1. I am the above captioned lessee/tenant and
				  am applying to this court for an order:
terminating the lease or rental agreement,
				  and/or
severing the co-tenancy
at the following address:
_____________________
specify address of subject premises, including
				  apartment number, if any
2. I am a person protected by:
an order of protection;
a temporary order of protection;
issued by this Court in the above captioned
				  criminal proceeding. The order protects me and/or my children against the above
				  captioned defendant. The order expires on ________.
specify date
3. The defendant [check all boxes that
				  apply]:
resides in the subject premises;
resided in the subject premises until
				  [specify] ________;
is named as a tenant or co-tenant on the lease
				  or rental agreement;
is a subtenant of all or part of the subject
				  premises. If so, the primary tenant is ________;
is not named in the lease but may have a right
				  or claim to reside in or occupy the subject premises as a result of my having
				  occupied the premises;
none of the above.
4. The lease or rental agreement regarding the
				  subject premises [ is] [ is not] the subject of litigation in a housing,
				  matrimonial, criminal or any other proceeding in any other court. [If it is the
				  subject of litigation, specify the court, status of case and docket or index
				  number, if available]:
5. Despite the order or temporary order of
				  protection, I believe that if I remain in the subject premises I and/or my
				  children will remain at substantial risk of physical or emotional harm from the
				  defendant. I believe that if I am permitted to terminate my obligations on this
				  lease or rental agreement, this risk will be substantially reduced.
6. I offer the following facts and
				  circumstances in support of my application: [specify the facts supporting the
				  application, including names and ages of children, if any]:
7. On ________, I made an oral a written
				  request to the landlord/owner to voluntarily
specify date
consent to terminate my lease or rental
				  agreement, but:
the landlord has not responded to my request;
				  or
the landlord refused to consent on
______
specify date.
8.
I am the only person named on the lease or
				  rental agreement as tenant or lessee.
In addition to me, the following person(s) are
				  named as co-tenants or co-lessees on the lease or rental agreement:
_______________
specify names of co-tenants or co-lessees;
				  and,
a. The above-named co-tenant(s) or
				  co-lessee(s) have all consented to the termination of the lease or rental
				  agreement.
OR
b. The following co-tenant(s) or co-lessee(s)
				  refused to consent to the termination of the lease or rental agreement
				  [specify]: ________.
OR
c. The following co-tenant(s) or co-lessee(s)
				  has/have not responded as to the termination of the lease or rental agreement
				  [specify]: ________.
9. In addition to any persons who may have
				  been named in paragraph 8:
there are not other adults 18 or older
				  residing in or occupying the premises.
the following adults 18 and older reside in or
				  occupy the premises. [For each person, state whether s/he has consented to
				  vacate the premises and, if so, when]:
I do not know of anyone 18 or over who has a
				  right or claim to reside in or occupy the premises.
although the following people 18 or older do
				  not reside in or occupy the premises, they may have a right, or claim to have a
				  right, or claim to reside in or occupy the premises. [For each person, state
				  whether s/he has waived those possible rights or claims and consents to the
				  termination or severance of the lease]:
10.
I have fully met my obligation to pay rent and
				  other payments due on the lease or rental agreement up to ________,
specify date
and will pay all further rent and other
				  payments due from me up until the date specified by this Court for termination
				  of the lease or rental agreement or severance of my obligation.
I have not paid rent or other payments due on
				  the lease or rental agreement since
________.
specify date
The following amounts are due and owing to
				  date
________.
specify amount owed
I will pay this amount, as well as rent and
				  other payments due from me up until the date specified by this Court for
				  termination of the lease or rental agreement or severance of my obligation as
				  follows:
11. Other than the person against whom the
				  order or temporary order of protection was issued, the leasehold
				  premises:
were delivered to the landlord free of all
				  occupants as of ________.
specify date
will be delivered to the landlord free of all
				  occupants as of ________.
specify date
12. Other than the person against whom the
				  order or temporary order of protection was issued, the leasehold
				  premises:
were left to the co-tenant free of all other
				  occupants as of ________.
specify date
will be left to the co-tenant free of all
				  other occupants as of ________.
specify date
13. No prior application has been made for the
				  relief requested in this motion, except:
WHEREFORE, I respectfully request this Court
				  issue an order:
terminating my lease or rental
				  agreement;
severing me from the co-tenancy; and
				  terminating my obligation to pay any rent or other payments on the lease or
				  rental agreement from the date specified by the Court in the order;
sealing this petition, any orders issued by
				  this Court in connection therewith and the record of this proceeding and
				  prohibiting disclosure to anyone not a party to this petition except by order
				  of this Court [state reasons why sealing should be ordered]:
And for such other and further relief as the
				  Court may deem just and proper.
___________
Signature of Attorney (if any)
___________
Print Name
___________
Address and Telephone Number
___________
Signature of Lessee/Tenant
___________
Print Name
___________
Address and Telephone Number
___________
Date
VERIFICATION
STATE OF NEW YORK)
):ss:
COUNTY OF)
being duly sworn, says that (s)he is the
				  Lessee/Tenant in the above named proceeding and that the foregoing application
				  is true to (his)(her) own knowledge, except as to matters therein stated to be
				  alleged on information and belief and as to those matters (s)he believes it to
				  be true.
______________
Lessee/Tenant
Sworn to before me this day of.
________
(Deputy) Clerk of the Court
Notary Public