S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4281--A
     Cal. No. 1063
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced  by Sens. BIAGGI, CARLUCCI -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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  Section  227-c of the real property law is REPEALED and a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 THE TENANT'S
 LEASE BY NOTICE IN WRITING DELIVERED TO THE LESSOR OR OWNER OF THE PREM-
 ISES 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
 DOMESTIC  VIOLENCE.  THE NOTICE SHALL SPECIFY THE TERMINATION DATE WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01057-04-9

 S. 4281--A                          2
 
 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 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 THE TENANT, 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.
   (D)  THE FOLLOWING SAMPLE FORMS SHALL SATISFY THE NOTICE AND VERIFICA-
 TION REQUIREMENTS BUT ARE NOT REQUIRED.  THESE  SAMPLE  FORMS  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:

 S. 4281--A                          3
 
 (B)  A  MEMBER  OF  MY  HOUSEHOLD HAS BEEN SUBJECT TO DOMESTIC VIOLENCE.
 DATE(S) OF RECENT INCIDENT(S) HAPPENED ON OR ABOUT:
 
 (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
 THIS NOTICE IS DELIVERED).
 
 _______________________        ___________
 (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)).

 S. 4281--A                          4
 
 ____ A THERAPIST OR CLINICAL PROFESSIONAL COUNSELOR LICENSED TO PRACTICE
      IN (INSERT NAME OF STATE(S));
 ____ 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/SHE/THEY, OR A MEMBER OF HIS/HER/THEIR 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

 S. 4281--A                          5
 
 I AM BILINGUAL IN ENGLISH AND ____________ AND HAVE TRANSLATED OR INTER-
 PRETED THIS DOCUMENT TO THE BEST OF MY ABILITY FOR THE SIGNER ABOVE.

 _________________________________________
 (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:

 S. 4281--A                          6
 
   (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
   (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.