Wednesday, April 26, 2017

SENIOR CITIZENS RIGHT TO TERMINATE LEASE




New York Real Property Law § 227-a provides for the right to terminate a residential lease by senior citizens moving to a residence of a family member or entering certain health care facilities, adult care facilities or housing projects. Thus if the senior citizen is relocating to senior citizen housing, an adult care facility or a residential health care facility such as a nursing home, upon proper notice to the landlord, the landlord must release the senior from any liability to pay rent through the balance of the lease term. The same is true if the senior citizen is relocating to subsidized low income housing in order to save money or to the home of a relative. If the senior prepaid his rent, the landlord is obligated to credit back to the senior any rent payments covering the period of time after the effective date of the notice of termination.

In addition, senior citizen rental facilities must also provide the following notice:

"NOTICE TO SENIOR CITIZENS: RESIDENTIAL LEASE TERMINATIONSECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS 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 a spouse 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 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."

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