Bill Text: NY A01238 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the termination of leases when a domestic violence victim obtains an order of protection or signed affidavit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-14 - referred to housing [A01238 Detail]

Download: New_York-2019-A01238-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1238
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        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:
     1    Section 1. Subdivisions 1, 2 and 3 of section 227-c of the real  prop-
     2  erty  law,  subdivision 1 as added by chapter 73 of the laws of 2007 and
     3  subdivisions 2 and 3 as amended by chapter 616 of the laws of 2007,  are
     4  amended to read as follows:
     5    1.  In  any  lease  or rental agreement covering premises occupied for
     6  dwelling purposes, a lessee or tenant for whose  benefit  any  order  of
     7  protection has been issued by a court of competent jurisdiction, or such
     8  lessee  or  tenant  who has obtained a signed affidavit from any lawyer,
     9  mental health professional, affiliated  care  manager  on  staff  of  an
    10  organization  serving  victims  of  domestic violence, elected official,
    11  police officer or duly sworn officer of the peace shall be permitted  to
    12  terminate  such  lease  or  rental  agreement  and  quit  and  surrender
    13  possession of the leasehold premises, and of the land so leased or occu-
    14  pied pursuant to the provisions of this section and to be released  from
    15  any  liability  to pay to the lessor or owner, rent or other payments in
    16  lieu of rent for the time subsequent to the date of termination of  such
    17  lease in accordance with subdivision two of this section.
    18    2.  (a)  A  lessee or tenant for whose benefit any order of protection
    19  has been issued by a court of competent jurisdiction, or such lessee  or
    20  tenant  who  has  obtained  a  signed  affidavit from any lawyer, mental
    21  health professional, affiliated care manager on staff of an organization
    22  serving victims of domestic violence, elected official,  police  officer
    23  or  duly  sworn  officer  of  the  peace may, on ten days' notice to the
    24  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
     1  co-tenants  of  such  lessee  or tenant, seek an order of the court that
     2  issued such order of protection, or any other court of competent  juris-
     3  diction,  authorizing  such  lessee  or tenant to terminate such party's
     4  lease  or  rental  agreement.  Provided,  however, that if the lessee or
     5  tenant for whose benefit any order of protection or signed affidavit has
     6  been issued is co-tenants with the  person  covered  by  such  order  of
     7  protection or signed affidavit, such notice need not be provided to such
     8  co-tenant.  Such  court shall hear any such application at any time that
     9  the order of protection remains in effect,  or  at  any  other  time  as
    10  determined  by  the  court,  whether  or  not the action in which it was
    11  issued remains open.
    12    (b) The court shall issue such order only if the applicant  lessee  or
    13  tenant establishes to the satisfaction of the court that:
    14    (i)  notwithstanding  the  existence  of  an order of protection, or a
    15  signed affidavit from any lawyer, mental health professional, affiliated
    16  care manager on staff of an organization  serving  victims  of  domestic
    17  violence,  elected official, police officer or duly sworn officer of the
    18  peace, there continues to  exist  a  substantial  risk  of  physical  or
    19  emotional  harm  to  such  person  or such person's child from the party
    20  covered by the order of protection if the parties remain in the premises
    21  and that relocation will substantially reduce such risk;
    22    (ii) the lessee or tenant attempted to secure the voluntary consent of
    23  the lessor or owner to terminate the lease or rental agreement  and  the
    24  lessor or owner refused to permit termination; and
    25    (iii) the lessee or tenant is acting in good faith.
    26    (c) The court shall condition the granting of the order on the follow-
    27  ing terms:
    28    (i)  All  sums  due  under  the  lease or rental agreement through the
    29  termination date of such lease or rental agreement are timely paid;
    30    (ii) That upon termination:
    31    (a) the premises are delivered to the lessor  or  owner  free  of  all
    32  tenants  and  occupants  and  in  accordance with the terms of the lease
    33  relating to delivery of the premises at the termination  of  the  lease,
    34  provided  that  the applicant shall not be responsible for ensuring that
    35  the person covered by the order of protection, or the person covered  by
    36  a  signed  affidavit from any lawyer, mental health professional, affil-
    37  iated care manager on staff of an organization serving victims of domes-
    38  tic violence, elected official, police officer or duly sworn officer  of
    39  the peace, is not present; or
    40    (b)  if  there  are also tenants on the lease other than the applicant
    41  tenant and the person covered by the order of protection, or the  person
    42  covered  by  a  signed  affidavit from any lawyer, mental health profes-
    43  sional, affiliated care manager on  staff  of  an  organization  serving
    44  victims  of  domestic violence, elected official, police officer or duly
    45  sworn officer of the peace, the court shall not, except upon consent  of
    46  such  additional tenants, terminate the entire co-tenancy, but the court
    47  may sever the co-tenancy, in  which  case  the  applicant  tenant  shall
    48  vacate by the termination date; and
    49    (iii)  That  adjustments  be  made through to termination date for any
    50  rent or other payments made in advance or  which  have  accrued  by  the
    51  terms of such lease or rental agreement.
    52    (d)  The  order  shall  specify the termination date which shall be no
    53  earlier than thirty days and no later than one hundred fifty days  after
    54  the  due  date  of  the  next rental payment subsequent to the date such
    55  order is served on the lessor or owner.

        A. 1238                             3
     1    (e) The order shall be served on the lessor or owner and  any  co-ten-
     2  ants by the court or in the manner directed by the court.
     3    3.  The lessor or owner and any co-tenants shall be afforded an oppor-
     4  tunity to be heard by the court and express opposition to  the  issuance
     5  or  terms  of  a  termination  order. If the court is not satisfied that
     6  there has been adequate notice of the application to the lessor,  owner,
     7  or any co-tenants, it may briefly adjourn the matter or take other steps
     8  to  provide  for  such  notice,  but shall not direct that the applicant
     9  lessee or tenant make personal service  of  the  application,  or  of  a
    10  termination  order,  upon a co-tenant covered by the order of protection
    11  or a co-tenant covered by a signed affidavit  from  any  lawyer,  mental
    12  health professional, affiliated care manager on staff of an organization
    13  serving  victims  of domestic violence, elected official, police officer
    14  or duly sworn officer of the peace.
    15    § 2. This act shall take effect immediately.
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