S T A T E O F N E W Y O R K
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1238
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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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.