New York State Lease Termination For Seniors, and as of October 3, 2019, for those who have a disability

New York law* allows lease termination • (1) being no longer able, for medical for people age 62 and for disabled reasons, to live independently, and (2) tenants, under certain conditions. requiring assistance with instrumental or other activities of daily living). Section 227(a) of New York State Real Law spells out the rights of people aged 62 and Tenants 62 and older and disabled over, and disabled tenants, to terminate a tenants can terminate their lease and residential lease or before the move into one of the above alternative liv- lease time period ends. ing arrangements by notifying the land- lord/owner/. The notification must: Terminating a lease according to Section 227(a) is a legal termination, not a lease • Be made in writing and signed by the violation. tenant (or tenant’s legal representative); This law applies to any type of or prop- • Be delivered to the owner or the owner’s erty that the person age 62 or over, or disabled agent; and, tenant is living in “for dwelling purposes.” • Include documentation showing the ten- ant has been notified that the tenant This law applies to any person whose name is can now move into one of the housing on the lease who is aged 62 or older, or who will arrangements described above; or, if become aged 62 during the term of the lease or moving in with a family member, include rental agreement. The law also applies to such a physician’s certification that the ten- person’s husband or wife who is aged 62 or old- ant meets the health-related require- er or who will become aged 62 during the ments to live with a family member, as lease’s term. well as the family member’s documen- tation that he/she is related to the ten- As of 2019, an individual with a “disability”, as ant, and that the tenant will live with defined in subdivision twenty-one of section two the relative for at least six months. hundred ninety-two of the executive law or a husband or wife or dependent of such a person Generally, lease termination occurs 30 days after residing with him or her is also covered. the next rental payment due date. The 30 day notice should be effective if provided prior to the Tenants 62 and older and disabled tenants last rental payment. For example: a June 30 can terminate their lease or rental notice to end the lease as of July 31 is effective agreement to move into any of the follow- notice. ing types of living arrangements: Under Real , if anyone interferes • Adult Care Facility (four types, commonly with the removal of your property from the known as an Adult , Enriched premises, they can be found guilty of a misde- Housing Program, Family Type Home or meanor and may be either imprisoned for up to Residence for Adults); one year or fined up to $1,000 or both. • Nursing Home • Subsidized housing (either senior hous- *Tenants with Section 8 vouchers are ing or housing meant for tenants of all governed by federal rules that require ages) housing agency approval for lease • Less expensive senior housing; or terminations. • The home of a family member (after having been certified by a physician as This flyer is informational only. Consult an attorney for legal advice specific to you.

LEGAL ASSISTANCE OF WESTERN NEW YORK, INC.® Updated March 2021