2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) 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  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.
  Who is eligible?
    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
  policy.