§ 227-a. Termination of residential lease by senior citizens or
individuals with a disability 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 (a)
attained the age of sixty-two years or older, or will attain such age
during the term of such lease or rental agreement or (b) is an
individual with a "disability", as defined in subdivision twenty-one of
section two hundred ninety-two of the executive law or a husband or wife
or dependent 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: (i) 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 (ii) 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 or persons with
disabilities, 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. (a) Any lease or rental agreement covered by paragraph (a) of
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.

(b) Any lease or rental agreement covered by paragraph (b) of
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. 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: 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 OR
INDIVIDUALS WITH A DISABILITY 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 an individual with a "disability", as defined in subdivision

21 of section 292 of the executive law,

or a spouse or dependent 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 or individual with a
disability 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.