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

Current through Register Vol. 46, No. 28, July 10,
				2024
CPL Article 520, RPL § 227-c 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.[FN1]
In the matter of the Application of ORDER TO
				  TERMINATE OR SEVER
LEASE OR RENTAL AGREEMENT
________, Lessee/tenant
-against-
________, Landlord(s), and/or
________, Co-tenant(s).
________ x
Hon. ________.
This Court having signed an order of
				  protection, which expires on ________, issued for the benefit of the
				  above-named lessee/tenant in connection with the above-captioned criminal
				  proceeding, and the lessee/tenant having applied to this Court for an
				  order
terminating the lease or rental agreement,
				  and/or
severing the co-tenancy
at the following address:
_______________
[specify exact address of subject premises],
				  and ten days
notice of the application having been duly
				  given to the following, who appeared as indicated:
Landlord(s) or owner(s) appeared [with
				  counsel]; or,
Landlord(s) or owner(s) did not appear,
Co-tenant(s), co-lessee(s) named on the lease
				  or rental agreement appeared [with counsel]; or,
Co-tenant(s), co-lessee(s) named on the lease
				  or rental agreement did not appear,
Now, having examined the lessee/tenant's
				  application and having heard from the relevant parties, in compliance with CPL
				  Article 530 and RPL § 227-c, the Court makes the following
				  findings:
I
The tenant is acting in good faith; or
The tenant is not acting in good faith;
II
Notwithstanding the issuance of the order of
				  protection or temporary order of protection, the tenant or the tenant's
				  children remain in substantial risk of physical or emotional harm, a risk that
				  will be substantially reduced if the lease or rental agreement is terminated or
				  the co-tenancy is severed; or
Notwithstanding the issuance of the order of
				  protection or temporary order of protection, the tenant has not established to
				  the satisfaction of the Court that the tenant or the tenant's children remain
				  at substantial risk of physical or emotional harm, or that the risk, if any,
				  would be substantially reduced if the lease or rental agreement is terminated
				  or if the co-tenancy is severed;
III
[Applicable to application to terminate lease
				  or rental agreement]
The tenant asked the landlord or owner to
				  voluntarily terminate the lease, but was refused;
The landlord or owner did not respond to the
				  tenant's request to voluntarily terminate the lease;
The landlord appeared in this proceeding and
				  agreed to voluntarily terminate the lease;
IV
[Applicable to applications to sever lease or
				  rental agreement obligation from co-tenant(s)]
The following co-tenants or co-lessees have
				  consented to termination of the lease or rental agreement:
The following co-tenants or co-lessees have
				  refused to consent to termination of the lease or rental agreement:
The following co-tenants or co-lessees have
				  not responded regarding termination of the lease or rental agreement:
V
The Court further makes the following findings
				  [specify additional findings if relevant]:
Accordingly, after a full inquiry into the
				  facts and circumstances, it is therefore:
ORDERED that the application is DENIED.
ORDERED that the application is
				  GRANTED.
ORDERED that the lease or rental agreement of
				  the lessee/tenant for the subject premises is terminated as of
				  ________,[FN2]
[specify date]
and the lessee/tenant is released from rent
				  and other payment obligations accruing on or after that date; and it is
				  further
ORDERED that the tenant shall deliver the
				  leasehold premises to the landlord or owner in accordance with the terms of the
				  lease or rental agreement free of all occupants not later than ________
[specify date]
provided, however, that the tenant shall not
				  be responsible for ensuring that the person against whom the order of
				  protection or temporary order of protection has been issued is not
				  present;
ORDERED that the co-tenancy of lessee/tenant
				  with ________
[specify co-tenant(s) or co-lessee(s)]
for the subject premises is severed as of
				  ________,[FN3] and the lessee/tenant shall be released from rent and other
				  payment obligations accruing on or after that date, and shall vacate the
				  leasehold premises not later than
__________
[specify date];
ORDERED that the tenant shall pay all rent and
				  other obligations due and owing as of the date of termination of the lease or
				  severance of the co-tenancy on a timely basis not later than
__________
[specify date]:
ORDERED that the following credits or other
				  adjustments be made through to the termination date for any rent or other
				  payments made in advance or that have accrued by the terms of the lease or
				  rental agreement:
__________
[specify].[FN4]
ORDERED that this Order, the application,
				  supporting documents and record of this proceeding be sealed and not be
				  disclosed to the defendant or anyone who is not a party to this petition except
				  by order of this Court;
ORDERED that this Order shall be served on the
				  following landlord or owner as follows:
___________________________
[specify service by Court, by law enforcement
				  agency, by city marshal or by other means][FN5]
ORDERED that this Order shall be served on the
				  following co-tenant(s) or co-lessee(s) as follows:
___________________________
[specify service by Court, by law enforcement
				  agency, by city marshal or by other means][FN6]
ENTER
______________
Judge or Justice
Dated:
Check applicable box:
Order mail on: ________.
[specify date and to whom mailed]
Order received in court on: ________.
[specify date and to whom given]
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[FN1] NOTE: The defendant is not a party to
				  this action unless the defendant is also the landlord, co-lessee or
				  co-tenant.
[FN2] Specify date not less than 30 nor more
				  than 150 days after the due date of the next rental payment after this Order
				  has been served upon the landlord or owner.
[FN3] Specify date not less than 30 nor more
				  than 150 days after the due date of the next rental payment after this Order
				  has been served upon the landlord or owner.
[FN4] Such adjustments may include, among
				  others, credit for or a direction to return a security deposit, if any, made by
				  tenant in accordance with the terms of the lease or agreement.
[FN5] If the landlord or owner is a person
				  against whom the order of protection or temporary order of protection has been
				  issued, the tenant shall not be required to personally serve the Order upon
				  such person.
[FN6] If a co-tenant or co-lessee is a person
				  against whom the order of protection or temporary order of protection has been
				  issued, the tenant shall not be required to personally serve the Order upon
				  such person.