Real Property Law §227-C

We have recently had several questions posed as to the effect of Real Property Law §227-C, which sets out a process by which a tenant that is the victim of domestic violence may seek to be relieved from the terms of a lease. This statute laudably attempts to provide a mechanism for lease termination where the tenant “reasonable fears remaining in the leasehold premises because of potential further domestic violence . . ..” But how does the tenant go about being relieved from the lease, and what collateral issues are created?

Facially, the tenant must give 30-days written notice to the landlord (or agent), as well as to any co- tenants of the victim (other than the perpetrator), which specifies a termination date. The notice must state that the tenant, or a member of the tenant’s household has experienced domestic violence and reasonably believes that the tenant, or the family member is “unable to safely remain in the leased premises as a result of the domestic violence.” The tenant must, within 25 days, provide documentation of the domestic violence, which may be done through an order of protection, a complaint to law enforcement, a record from a health care provider of treatment related to the domestic violence or written verification by a “qualified third party” to whom the domestic violence was reported, such as law enforcement officer, a court employee, attorney, clergy or physician and others.

The tenant must pay all rent, pro-rata to the termination date, but is entitled to a refund for any prepaid rent that covers the period after the termination date.

Where there the victim is the only tenant on the lease, that person must deliver the premises free of all other tenants and occupants, but is not responsible for removing the abuser.

Where there are additional tenants, beyond the victim, the landlord shall permit those other tenants at least 30 days beyond the termination date to decide whether to “consent to a termination or severance.”

These are the basics of the law. Any specific questions or circumstances should be sent to us for reply. Future blogs will address the implications of lease termination under this law.