S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1238
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law, in relation to the termination of
   leases when a domestic violence victim obtains an order of  protection
   or signed affidavit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2 and 3 of section 227-c of the real  prop-
 erty  law,  subdivision 1 as added by chapter 73 of the laws of 2007 and
 subdivisions 2 and 3 as amended by chapter 616 of the laws of 2007,  are
 amended to read as follows:
   1.  In  any  lease  or rental agreement covering premises occupied for
 dwelling purposes, a lessee or tenant for whose  benefit  any  order  of
 protection has been issued by a court of competent jurisdiction, OR SUCH
 LESSEE  OR  TENANT  WHO HAS OBTAINED A SIGNED AFFIDAVIT FROM ANY LAWYER,
 MENTAL HEALTH PROFESSIONAL, AFFILIATED  CARE  MANAGER  ON  STAFF  OF  AN
 ORGANIZATION  SERVING  VICTIMS  OF  DOMESTIC VIOLENCE, ELECTED OFFICIAL,
 POLICE OFFICER OR DULY SWORN OFFICER OF THE PEACE shall be permitted  to
 terminate  such  lease  or  rental  agreement  and  quit  and  surrender
 possession of the leasehold premises, and of the land so leased or occu-
 pied pursuant to the provisions of this section and to be released  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.
   2.  (a)  A  lessee or tenant for whose benefit any order of protection
 has been issued by a court of competent jurisdiction, OR SUCH LESSEE  OR
 TENANT  WHO  HAS  OBTAINED  A  SIGNED  AFFIDAVIT FROM ANY LAWYER, MENTAL
 HEALTH PROFESSIONAL, AFFILIATED CARE MANAGER ON STAFF OF AN ORGANIZATION
 SERVING VICTIMS OF DOMESTIC VIOLENCE, ELECTED OFFICIAL,  POLICE  OFFICER
 OR  DULY  SWORN  OFFICER  OF  THE  PEACE may, on ten days' notice to the
 lessor or owner of the premises occupied by  such  person,  and  to  any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04808-01-9

 A. 1238                             2
 
 co-tenants  of  such  lessee  or tenant, seek an order of the court that
 issued such order of protection, OR ANY OTHER COURT OF COMPETENT  JURIS-
 DICTION,  authorizing  such  lessee  or tenant to terminate such party's
 lease  or  rental  agreement.  PROVIDED,  HOWEVER, THAT IF THE LESSEE OR
 TENANT FOR WHOSE BENEFIT ANY ORDER OF PROTECTION OR SIGNED AFFIDAVIT HAS
 BEEN ISSUED IS CO-TENANTS WITH THE  PERSON  COVERED  BY  SUCH  ORDER  OF
 PROTECTION OR SIGNED AFFIDAVIT, SUCH NOTICE NEED NOT BE PROVIDED TO SUCH
 CO-TENANT.  Such  court shall hear any such application at any time that
 the order of protection remains in effect,  OR  AT  ANY  OTHER  TIME  AS
 DETERMINED  BY  THE  COURT,  whether  or  not the action in which it was
 issued remains open.
   (b) The court shall issue such order only if the applicant  lessee  or
 tenant establishes to the satisfaction of the court that:
   (i)  notwithstanding  the  existence  of  an order of protection, OR A
 SIGNED AFFIDAVIT FROM ANY LAWYER, MENTAL HEALTH PROFESSIONAL, AFFILIATED
 CARE MANAGER ON STAFF OF AN ORGANIZATION  SERVING  VICTIMS  OF  DOMESTIC
 VIOLENCE,  ELECTED OFFICIAL, POLICE OFFICER OR DULY SWORN OFFICER OF THE
 PEACE, there continues to  exist  a  substantial  risk  of  physical  or
 emotional  harm  to  such  person  or such person's child from the party
 covered by the order of protection if the parties remain in the premises
 and that relocation will substantially reduce such risk;
   (ii) the lessee or tenant attempted to secure the voluntary consent of
 the lessor or owner to terminate the lease or rental agreement  and  the
 lessor or owner refused to permit termination; and
   (iii) the lessee or tenant is acting in good faith.
   (c) The court shall condition the granting of the order on the follow-
 ing terms:
   (i)  All  sums  due  under  the  lease or rental agreement through the
 termination date of such lease or rental agreement are timely paid;
   (ii) That upon termination:
   (a) the premises are delivered to the lessor  or  owner  free  of  all
 tenants  and  occupants  and  in  accordance with the terms of the lease
 relating to delivery of the premises at the termination  of  the  lease,
 provided  that  the applicant shall not be responsible for ensuring that
 the person covered by the order of protection, OR THE PERSON COVERED  BY
 A  SIGNED  AFFIDAVIT FROM ANY LAWYER, MENTAL HEALTH PROFESSIONAL, AFFIL-
 IATED CARE MANAGER ON STAFF OF AN ORGANIZATION SERVING VICTIMS OF DOMES-
 TIC VIOLENCE, ELECTED OFFICIAL, POLICE OFFICER OR DULY SWORN OFFICER  OF
 THE PEACE, is not present; or
   (b)  if  there  are also tenants on the lease other than the applicant
 tenant and the person covered by the order of protection, OR THE  PERSON
 COVERED  BY  A  SIGNED  AFFIDAVIT FROM ANY LAWYER, MENTAL HEALTH PROFES-
 SIONAL, AFFILIATED CARE MANAGER ON  STAFF  OF  AN  ORGANIZATION  SERVING
 VICTIMS  OF  DOMESTIC VIOLENCE, ELECTED OFFICIAL, POLICE OFFICER OR DULY
 SWORN OFFICER OF THE PEACE, the court shall not, except upon consent  of
 such  additional tenants, terminate the entire co-tenancy, but the court
 may sever the co-tenancy, in  which  case  the  applicant  tenant  shall
 vacate by the termination date; and
   (iii)  That  adjustments  be  made through to termination date for any
 rent or other payments made in advance or  which  have  accrued  by  the
 terms of such lease or rental agreement.
   (d)  The  order  shall  specify the termination date which shall be no
 earlier than thirty days and no later than one hundred fifty days  after
 the  due  date  of  the  next rental payment subsequent to the date such
 order is served on the lessor or owner.

 A. 1238                             3
 
   (e) The order shall be served on the lessor or owner and  any  co-ten-
 ants by the court or in the manner directed by the court.
   3.  The lessor or owner and any co-tenants shall be afforded an oppor-
 tunity to be heard by the court and express opposition to  the  issuance
 or  terms  of  a  termination  order. If the court is not satisfied that
 there has been adequate notice of the application to the lessor,  owner,
 or any co-tenants, it may briefly adjourn the matter or take other steps
 to  provide  for  such  notice,  but shall not direct that the applicant
 lessee or tenant make personal service  of  the  application,  or  of  a
 termination  order,  upon a co-tenant covered by the order of protection
 OR A CO-TENANT COVERED BY A SIGNED AFFIDAVIT  FROM  ANY  LAWYER,  MENTAL
 HEALTH PROFESSIONAL, AFFILIATED CARE MANAGER ON STAFF OF AN ORGANIZATION
 SERVING  VICTIMS  OF DOMESTIC VIOLENCE, ELECTED OFFICIAL, POLICE OFFICER
 OR DULY SWORN OFFICER OF THE PEACE.
   § 2. This act shall take effect immediately.