S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11056--A
 
                           I N  A S S E M B L Y
 
                               June 1, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Hevesi,
   L. Rosenthal, Englebright, Gunther, Arroyo, Rozic, Lavine, Giglio)  --
   read  once  and  referred  to the Committee on Housing -- reported and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the real property law, in relation to the termination of
   a residential lease by a victim of domestic violence;  and  to  repeal
   certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 227-c of the real property law is  REPEALED  and  a
 new section 227-c is added to read as follows:
   §  227-C.  TERMINATION  OF  RESIDENTIAL  LEASE  BY VICTIMS OF DOMESTIC
 VIOLENCE.  1. LEASE OR RENTAL AGREEMENT.  IN ANY LEASE OR RENTAL  AGREE-
 MENT COVERING PREMISES OCCUPIED FOR DWELLING PURPOSES, WHERE A TENANT OR
 A  MEMBER  OF THE TENANT'S HOUSEHOLD IS A VICTIM OF DOMESTIC VIOLENCE AS
 DEFINED BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES  LAW
 AND  REASONABLY  FEARS  REMAINING  IN  THE LEASEHOLD PREMISES BECAUSE OF
 POTENTIAL FURTHER DOMESTIC VIOLENCE, SUCH TENANT SHALL BE  PERMITTED  TO
 TERMINATE  SUCH  LEASE  OR  RENTAL  AGREEMENT  AND  QUIT  AND  SURRENDER
 POSSESSION OF THE LEASEHOLD PREMISES AND THE LAND SO LEASED OR  OCCUPIED
 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.  LEASE  TERMINATION PROCEDURE.  (A) A TENANT WHO MEETS THE REQUIRE-
 MENTS IN SUBDIVISION ONE OF THIS SECTION MAY TERMINATE HIS OR HER  LEASE
 BY  NOTICE  IN  WRITING DELIVERED TO THE LESSOR OR OWNER OF THE PREMISES
 OCCUPIED BY SUCH PERSON, OR TO THE LESSOR'S OR OWNER'S AGENT, AND TO ANY
 CO-TENANTS OF SUCH LESSEE OR TENANT OTHER THAN THE PERPETRATOR OF DOMES-
 TIC VIOLENCE. THE NOTICE SHALL SPECIFY THE TERMINATION DATE WHICH  SHALL
 BE  NO  EARLIER  THAN THIRTY DAYS AFTER SUCH NOTICE IS DELIVERED. IF THE
 NOTICE IS MAILED VIA FIRST CLASS MAIL, IT SHALL BE DEEMED DELIVERED FIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16172-02-8

 A. 11056--A                         2

 DAYS AFTER MAILING. IF THE TENANT ASSERTS THAT THE LESSOR  OR  OWNER  IS
 THE  PERPETRATOR OF DOMESTIC VIOLENCE, A PERSON AUTHORIZED BY THE TENANT
 MAY DELIVER SUCH NOTICE ON THE TENANT'S BEHALF.
   (B)  SUCH  NOTICE  SHALL  STATE  THAT  THE  TENANT  OR A MEMBER OF THE
 TENANT'S HOUSEHOLD HAS  EXPERIENCED  DOMESTIC  VIOLENCE  AND  REASONABLY
 BELIEVES  HE  OR SHE, OR THE MEMBER OF THE TENANT'S HOUSEHOLD, IS UNABLE
 TO SAFELY REMAIN IN THE LEASED PREMISES AS  A  RESULT  OF  THE  DOMESTIC
 VIOLENCE.
   (C)  WITHIN  TWENTY-FIVE DAYS OF SUCH NOTICE, THE TENANT SHALL PROVIDE
 DOCUMENTATION DEMONSTRATING THAT THE TENANT OR A MEMBER OF THE  TENANT'S
 HOUSEHOLD  HAS BEEN A VICTIM OF DOMESTIC VIOLENCE AS DESCRIBED IN SUBDI-
 VISION ONE OF THIS SECTION. THIS DOCUMENTATION MAY INCLUDE  ANY  ONE  OR
 MORE OF THE FOLLOWING:
   (I)  A  TEMPORARY  OR  FINAL  ORDER OF PROTECTION ISSUED BY A COURT OF
 COMPETENT JURISDICTION;
   (II) A RECORD, COMPLAINT, OR REPORT FROM A FEDERAL,  STATE,  OR  LOCAL
 LAW  ENFORCEMENT  AGENCY  OF AN ACT OF DOMESTIC VIOLENCE AS DESCRIBED IN
 SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW OR A FAMILY
 OFFENSE AS DESCRIBED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT
 ACT, OR CERTIFYING THAT THE TENANT OR A MEMBER OF THE TENANT'S HOUSEHOLD
 HAS BEEN SUBJECTED TO DOMESTIC VIOLENCE;
   (III) A RECORD FROM A HEALTH CARE PROVIDER FOR  TREATMENT  RELATED  TO
 DOMESTIC  VIOLENCE  AS DESCRIBED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF
 THE SOCIAL SERVICES LAW OR A FAMILY  OFFENSE  AS  DESCRIBED  IN  SECTION
 EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT;
   (IV)  A  WRITTEN  VERIFICATION FROM ANY OTHER QUALIFIED THIRD PARTY TO
 WHOM THE TENANT, OR A MEMBER OF  THE  TENANT'S  HOUSEHOLD  REPORTED  THE
 DOMESTIC VIOLENCE.
   (A)  "QUALIFIED  THIRD PARTY" SHALL INCLUDE: ANY LAW ENFORCEMENT OFFI-
 CER; EMPLOYEE OF A COURT OF THE  STATE;  ATTORNEY,  PHYSICIAN,  PSYCHIA-
 TRIST,  PSYCHOLOGIST,  SOCIAL  WORKER,  REGISTERED  NURSE, THERAPIST, OR
 CLINICAL PROFESSIONAL COUNSELOR  LICENSED  TO  PRACTICE  IN  ANY  STATE;
 PERSON  EMPLOYED  BY  A  GOVERNMENT OR NON-PROFIT AGENCY OR SERVICE THAT
 ADVISES OR PROVIDES SERVICES TO PERSONS REGARDING DOMESTIC VIOLENCE;  OR
 ANY  MEMBER  OF  THE  CLERGY OF A CHURCH OR RELIGIOUS SOCIETY OR DENOMI-
 NATION.
   (B) WRITTEN VERIFICATION AS DESCRIBED HEREIN SHALL BE SATISFIED BY ANY
 SWORN OR NOTARIZED STATEMENT INCLUDING THE REQUIRED INFORMATION.
   (C) THE FOLLOWING SAMPLE FORM SHALL SATISFY THE VERIFICATION  REQUIRE-
 MENTS  BUT  IS NOT REQUIRED. THIS SAMPLE FORM SHALL BE POSTED TO THE NEW
 YORK STATE UNIFIED COURT SYSTEM'S WEBSITE, AND SHALL BE  MADE  AVAILABLE
 IN THE STATE'S FAMILY, CIVIL, HOUSING, CRIMINAL, AND SUPREME COURTS:
 
 PART I. TENANT/LEGAL OCCUPANT STATEMENT
 
 I, (INSERT NAME OF TENANT), STATE AS FOLLOWS:

 (CHOOSE  THE  NEXT PART (A, B, OR C) THAT MOST ACCURATELY DESCRIBES YOUR
 SITUATION)
 
 (A) I  HAVE  BEEN  SUBJECT  TO  DOMESTIC  VIOLENCE.  DATE(S)  OF  RECENT
 INCIDENT(S) HAPPENED ON OR ABOUT:
 
 (B)  A  MEMBER  OF  MY  HOUSEHOLD HAS BEEN SUBJECT TO DOMESTIC VIOLENCE.
 DATE(S) OF RECENT INCIDENT(S) HAPPENED ON OR ABOUT:

 A. 11056--A                         3
 
 (C) BOTH I AND AT LEAST ONE MEMBER OF MY HOUSEHOLD HAVE BEEN SUBJECT  TO
 DOMESTIC VIOLENCE. DATE(S) OF RECENT INCIDENT(S) HAPPENED ON OR ABOUT:
 
 THE  PERSON  I  HAVE  ASSERTED  HAS  PERPETRATED DOMESTIC VIOLENCE IS MY
 CO-TENANT, AND I CANNOT SAFELY GIVE  NOTICE  OF  MY  TERMINATION  TO  MY
 CO-TENANT. (YES/NO)

 I REASONABLY FEAR THAT I CANNOT SAFELY REMAIN IN MY CURRENT APARTMENT. I
 HEREBY TERMINATE MY LEASE EFFECTIVE (DATE AT LEAST THIRTY DAYS AFTER THE
 NEXT RENT PAYMENT IS DUE).
 
 _______________________        ___________
 (SIGNATURE OF TENANT)          (DATE)
 
                                ACKNOWLEDGEMENT
 
 STATE OF _____________________)
                               )SS.:
 COUNTY OF ____________________)
 ON THE ______ DAY OF __________ IN THE YEAR _____, BEFORE ME, THE UNDER-
 SIGNED   NOTARY  PUBLIC,  PERSONALLY  APPEARED  _______________________,
 PERSONALLY KNOWN TO ME OR PROVED TO ME  ON  THE  BASIS  OF  SATISFACTORY
 EVIDENCE  TO  BE  THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO
 THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT  HE/SHE/THEY  EXECUTED
 THE  SAME  IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT BY HIS/HER/THEIR
 SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR  THE  PERSON  UPON
 BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.
 
 _________________________
 NOTARY PUBLIC
 
 PART II. QUALIFIED THIRD PARTY STATEMENT
 
 I, (INSERT NAME OF QUALIFIED THIRD PARTY), STATE AS FOLLOWS:
 MY EMPLOYER NAME/ADDRESS/PHONE NUMBER/E-MAIL ADDRESS ARE AS FOLLOWS:
 
 
 I AM:
 
 ____ A  LAW  ENFORCEMENT OFFICER EMPLOYED BY THE (INSERT LAW ENFORCEMENT
      AGENCY).
 ____ AN EMPLOYEE OF  __________________________  COURT  LOCATED  IN  THE
      STATE OF _______________.
 ____ AN ATTORNEY LICENSED TO PRACTICE IN (INSERT NAME OF STATE(S)).
 ____ A PHYSICIAN LICENSED TO PRACTICE IN (INSERT NAME OF STATE(S)).
 ____ A PSYCHIATRIST LICENSED TO PRACTICE IN (INSERT NAME OF STATE(S)).
 ____ A PSYCHOLOGIST LICENSED TO PRACTICE IN (INSERT NAME OF STATE(S)).
 ____ A SOCIAL WORKER LICENSED TO PRACTICE IN (INSERT NAME OF STATE(S)).
 ____ A NURSE LICENSED TO PRACTICE IN (INSERT NAME OF STATE(S)).
 ____ A THERAPIST OR CLINICAL PROFESSIONAL COUNSELOR LICENSED TO PRACTICE
      IN (INSERT NAME OF STATE(S));

 A. 11056--A                         4

 ____ EMPLOYED  BY  A  GOVERNMENT  OR  NON-PROFIT  AGENCY OR SERVICE THAT
      ADVISES PERSONS REGARDING  DOMESTIC  VIOLENCE  OR  REFERS  THEM  TO
      PERSONS OR AGENCIES FOR SERVICES OR ADVICE.
 ____ A  MEMBER OF THE CLERGY OF A CHURCH OR RELIGIOUS SOCIETY OR DENOMI-
      NATION.
 ____ OTHER (DESCRIBE):_________________________________________________
 
 THE PERSON WHO SIGNED THE  TENANT/LEGAL  OCCUPANT  STATEMENT  ABOVE  HAS
 STATED  TO  ME  THAT HE OR SHE, OR A MEMBER OF HIS OR HER HOUSEHOLD, HAS
 BEEN SUBJECT TO DOMESTIC VIOLENCE.
 
 THIS PERSON FURTHER STATED TO ME THE INCIDENT(S) OCCURRED  ON  OR  ABOUT
 THE DATE(S) STATED ABOVE.
 
 I UNDERSTAND THAT THE PERSON WHO SIGNED THE TENANT/LEGAL OCCUPANT STATE-
 MENT  MAY  USE THIS DOCUMENT AS A BASIS FOR TERMINATING A LEASE WITH THE
 PERSON'S LESSOR.
 
 __________________________________________
 (NAME OF QUALIFIED THIRD PARTY)
 
 __________________________________________
 (SIGNATURE OF QUALIFIED THIRD PARTY)
 
 ______________
 (DATE)
 
                                ACKNOWLEDGEMENT
 
 STATE OF ______________________)
                                )SS.:
 COUNTY OF _____________________)
 
 ON THE _______ DAY OF ___________ IN THE  YEAR  _____,  BEFORE  ME,  THE
 UNDERSIGNED        NOTARY        PUBLIC,       PERSONALLY       APPEARED
 _________________________, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE
 BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S)  IS
 (ARE)  SUBSCRIBED  TO  THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
 HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES),  AND  THAT
 BY  HIS/HER/THEIR  SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR
 THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL(S)  ACTED,  EXECUTED  THE
 INSTRUMENT.
 
 ____________________________________________
 NOTARY PUBLIC
 
 PART III. STATEMENT OF INTERPRETATION/TRANSLATION
 
 I AM BILINGUAL IN ENGLISH AND ____________ AND HAVE TRANSLATED OR INTER-
 PRETED THIS DOCUMENT TO THE BEST OF MY ABILITY FOR THE SIGNER ABOVE.

 A. 11056--A                         5

 _________________________________________
 (NAME OF INTERPRETER/TRANSLATOR)
 
 _________________________________________
 (SIGNATURE OF INTERPRETER/TRANSLATOR)
 
 ___________________
 (DATE)
 
                              ACKNOWLEDGEMENT
 
 STATE OF ______________________)
                                )SS.:
 COUNTY OF _____________________)
 
 ON  THE  _______  DAY  OF  ___________ IN THE YEAR _____, BEFORE ME, THE
 UNDERSIGNED  NOTARY  PUBLIC,   PERSONALLY   APPEARED   ________________,
 PERSONALLY  KNOWN  TO  ME  OR  PROVED TO ME ON THE BASIS OF SATISFACTORY
 EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS  (ARE)  SUBSCRIBED  TO
 THE  WITHIN  INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED
 THE SAME IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT  BY  HIS/HER/THEIR
 SIGNATURE(S)  ON  THE  INSTRUMENT, THE INDIVIDUAL(S), OR THE PERSON UPON
 BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT.
 
 ____________________________________________
 NOTARY PUBLIC
 
   3. TREATMENT OF RENT.  (A) THE TENANT TERMINATING THE LEASE SHALL  PAY
 RENT,  PRO-RATA,  UP  TO  THE  LEASE  TERMINATION  DATE PURSUANT TO THIS
 SECTION.
   (B) THE TENANT TERMINATING THE LEASE SHALL BE ENTITLED TO A REFUND FOR
 ANY PREPAID RENT OR OTHER PAYMENTS COVERING THE PERIOD AFTER THE  EFFEC-
 TIVE  DATE  OF  THE LEASE TERMINATION, AS LONG AS THE TENANT HAS VACATED
 THE PREMISES. SUCH REFUND SHALL BE PROVIDED WITHIN TEN DAYS OF  DELIVERY
 OF THE WRITTEN NOTICE AS OUTLINED IN SUBDIVISION TWO OF THIS SECTION.
   (C)  A  TENANT  WHO  MEETS THE REQUIREMENTS IN SUBDIVISION ONE OF THIS
 SECTION AND SUBMITS PROPER NOTICE PURSUANT TO SUBDIVISION  TWO  OF  THIS
 SECTION SHALL HAVE A DEFENSE IN ANY ACTION BROUGHT BY A LANDLORD AGAINST
 SUCH TENANT TO RECOVER RENT AND/OR DAMAGES FOR BREACH OF LEASE AND SHALL
 NOT BE LIABLE FOR ANY RENT AFTER THE EFFECTIVE TERMINATION DATE.
   (D)  THE LESSOR OR OWNER MAY WITHHOLD A SECURITY DEPOSIT IN PART OR IN
 FULL TO THE EXTENT ALLOWED BY THE LEASE OR STATUTE, EXCEPT FOR THE EARLY
 TERMINATION GRANTED BY THIS SECTION, AND SHALL NOT WITHHOLD ANY PART  OF
 THE  SECURITY  DEPOSIT DUE TO THE TENANT'S EXERCISE OF RIGHTS UNDER THIS
 SECTION.
   (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO BE A DEFENSE AGAINST
 AN ACTION FOR RENT FOR A PERIOD OF TIME BEFORE THE  TENANT  VACATED  THE
 PREMISES AND GAVE NOTICE AS REQUIRED IN SUBDIVISION TWO OF THIS SECTION.
   4. CO-TENANTS AND OTHER OCCUPANTS. UPON TERMINATION:
   (A)  IF  THE  TERMINATING TENANT IS THE SOLE LEASEHOLDER, THE PREMISES
 SHALL BE DELIVERED TO THE LESSOR OR OWNER:
   (I) FREE OF ALL TENANTS AND OCCUPANTS, PROVIDED THAT  THE  TERMINATING
 TENANT  SHALL NOT BE RESPONSIBLE FOR ENSURING THAT THE ABUSIVE HOUSEHOLD
 MEMBER IS NOT PRESENT; AND

 A. 11056--A                         6

   (II) IN ACCORDANCE WITH THE TERMS OF THE LEASE RELATING TO DELIVERY OF
 THE PREMISES AT THE TERMINATION OF THE LEASE.
   (B)  IF  THERE  ARE  TENANTS  ON  THE LEASE OTHER THAN THE TERMINATING
 TENANT:
   (I) THE LANDLORD SHALL NOT, EXCEPT UPON  CONSENT  OF  SUCH  ADDITIONAL
 TENANTS,  TERMINATE  OR  SEVER THE CO-TENANCY. THE LANDLORD MUST PROVIDE
 THE REMAINING TENANT AT LEAST THIRTY DAYS FROM THE TERMINATION  DATE  TO
 DECIDE WHETHER TO CONSENT TO A TERMINATION OR SEVERANCE.
   (II)  THE  REMAINING  CO-TENANT OR CO-TENANTS HOLD THE RIGHT TO ADD AN
 ADDITIONAL OCCUPANT AS DEFINED BY PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED THIRTY-FIVE-F OF THIS ARTICLE.
   5.  CONFIDENTIALITY  PROVISIONS.    (A)  UNLESS THE TERMINATING TENANT
 PROVIDES WRITTEN AUTHORIZATION FOR THE RELEASE OF INFORMATION OR  UNLESS
 REQUIRED  BY  LAW, COURT ORDER, OR STATUTE, THE INFORMATION SHALL NOT BE
 RELEASED.  INFORMATION THAT SHALL BE  KEPT  CONFIDENTIAL  SHALL  INCLUDE
 INFORMATION OBTAINED DURING THE PROCESS OF THE TENANT TERMINATING HIS OR
 HER  LEASE  IN  ACCORDANCE WITH THIS SECTION, SUCH AS: (I) THE NATURE OF
 THE TERMINATION, (II) THE STATUS OF THE TENANT OR MEMBER OF THE TENANT'S
 HOUSEHOLD AS A VICTIM OF DOMESTIC VIOLENCE, AND  (III)  ANY  INFORMATION
 CONTAINED IN DOCUMENTATION PROVIDED TO DEMONSTRATE STATUS AS A VICTIM OF
 DOMESTIC VIOLENCE.
   (B)  PURSUANT  TO  THIS  SECTION,  THE  LANDLORD  SHALL  NOT  DIVULGE,
 DESCRIBE, OR CHARACTERIZE THE TERMINATION OF THE RENTAL AGREEMENT AS  AN
 EARLY  TERMINATION  BY  A  CURRENT LESSOR TO A PROSPECTIVE LESSOR OR ANY
 THIRD PARTY.
   6. VIOLATIONS.  (A) LANDLORDS WHO KNOWINGLY, OR INTENTIONALLY  VIOLATE
 ANY  PART  OF  THIS SECTION MAY BE LIABLE FOR LIQUIDATED DAMAGES, NOT TO
 EXCEED ONE THOUSAND DOLLARS, ACTUAL DAMAGES, COSTS AND ATTORNEYS' FEES.
   (B) 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.
   § 2. This act shall take effect immediately.