2006 New York Code - Termination Of Residential Lease By Senior Citizens Moving To A Residence Of A Family Member Or Entering Certain Health Care Facilities, Adult Care

 
    § 227-a. Termination of residential lease by senior citizens 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 attained the  age  of  sixty-two  years  or
  older,  or  will attain such age during the term of such lease or rental
  agreement or a husband or wife 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: (a) 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 (b) 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, 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. Any lease or rental agreement covered by 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.
    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 TO SENIOR CITIZENS:
                        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 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 a spouse 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 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.