§ 227-e. Landlord duty to mitigate damages. In any lease or rental
agreement, excluding any real estate purchase contract defined in
paragraphs (a), (c) and (d) of subdivision four of section four hundred
sixty-one of this chapter, covering premises occupied for dwelling
purposes, if a tenant vacates a premises in violation of the terms of
the lease, the landlord shall, in good faith and according to the
landlord's resources and abilities, take reasonable and customary
actions to rent the premises at fair market value or at the rate agreed
to during the term of the tenancy, whichever is lower. If the landlord
rents the premises at fair market value or at the rate agreed to during
the term of the tenancy, the new tenant's lease shall, once in effect,
terminate the previous tenant's lease and mitigate damages otherwise
recoverable against the previous tenant because of such tenant's
vacating the premises. The burden of proof shall be on the party seeking
to recover damages. Any provision in a lease that exempts a landlord's
duty to mitigate damages under this section shall be void as contrary to
public policy.