What's happening
This bill allows victims of domestic violence to terminate their residential lease early without penalty and sets requirements for notice, documentation, and confidentiality.
Why it matters
Broadens the definition of acceptable documentation. The bill allows victims to use a wide range of evidence—including orders of protection, police or medical records, or a notarized statement from a qualified third party (such as healthcare providers, clergy, or advocates)—to demonstrate their eligibility, which lowers barriers for those who may not have been able to obtain official court documents.
Establishes clear procedures and timelines. It sets specific requirements for written notice and supporting documentation, as well as the timing for lease termination (no sooner than 30 days from notice), providing both tenants and landlords with clear expectations and helping to prevent disputes.
Protects survivors’ financial interests and privacy. The bill requires pro-rata rent payments only up to the termination date, mandates refunds for prepaid rent, and blocks landlords from withholding security deposits solely due to early termination under these circumstances. It also enforces strong confidentiality rules, prohibiting landlords from disclosing the reason for lease termination or sharing sensitive information.
Prevents retaliation and waivers of rights. Landlords who violate these provisions can face financial penalties and legal costs, and any attempt to force tenants to waive these protections is declared void, ensuring the rights granted cannot be signed away under pressure or duress.
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Who cares
Headline styles
Let Domestic Violence Victims Break Leases
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Substituted by A4267A
- Amended on third reading 4281a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1063
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Abuse Victims Break Leases
Signed by Governor · Sponsor Andrew Hevesi
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4281--A Cal. No. 1063
2019-2020 Regular Sessions
IN SENATE
March 6, 2019
Introduced by Sens. BIAGGI, CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the real property law, in relation to the termination of a residential lease by a victim of domestic violence; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 227-c of the real property law is REPEALED and a new section 227-c is added to read as follows:
§ 227-c. Termination of residential lease by victims of domestic violence. 1. Lease or rental agreement. In any lease or rental agreement covering premises occupied for dwelling purposes, where a tenant or a member of the tenant's household is a victim of domestic violence as defined by section four hundred fifty-nine-a of the social services law and reasonably fears remaining in the leasehold premises because of potential further domestic violence, such tenant shall be permitted to terminate such lease or rental agreement and quit and surrender possession of the leasehold premises and the land so leased or occupied pursuant to the provisions of this section and to be released from any liability to pay to the lessor or owner, rent or other payments in lieu of rent for the time subsequent to the date of termination of such lease in accordance with subdivision two of this section.
2. Lease termination procedure. (a) A tenant who meets the requirements in subdivision one of this section may terminate the tenant's lease by notice in writing delivered to the lessor or owner of the premises occupied by such person, or to the lessor's or owner's agent, and to any co-tenants of such lessee or tenant other than the perpetrator of domestic violence. The notice shall specify the termination date which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01057-04-9
S. 4281--A 2
shall be no earlier than thirty days after such notice is delivered. If the notice is mailed via first class mail, it shall be deemed delivered five days after mailing. If the tenant asserts that the lessor or owner is the perpetrator of domestic violence, a person authorized by the tenant may deliver such notice on the tenant's behalf.
(b) Such notice shall state that the tenant or a member of the tenant's household has experienced domestic violence and reasonably believes the tenant, or the member of the tenant's household, is unable to safely remain in the leased premises as a result of the domestic violence.
(c) Within twenty-five days of such notice, the tenant shall provide documentation demonstrating that the tenant or a member of the tenant's household has been a victim of domestic violence as described in subdivision one of this section. This documentation may include any one or more of the following:
(i) A temporary or final order of protection issued by a court of competent jurisdiction;
(ii) A record, complaint, or report from a federal, state, or local law enforcement agency of an act of domestic violence as described in section four hundred fifty-nine-a of the social services law or a family offense as described in section eight hundred twelve of the family court act, or certifying that the tenant or a member of the tenant's household has been subjected to domestic violence;
(iii) A record from a health care provider for treatment related to domestic violence as described in section four hundred fifty-nine-a of the social services law or a family offense as described in section eight hundred twelve of the family court act;
(iv) A written verification from any other qualified third party to whom the tenant, or a member of the tenant's household reported the domestic violence.
(A) "Qualified third party" shall include: any law enforcement officer; employee of a court of the state; attorney, physician, psychiatrist, psychologist, social worker, registered nurse, therapist, or clinical professional counselor licensed to practice in any state; person employed by a government or non-profit agency or service that advises or provides services to persons regarding domestic violence; or any member of the clergy of a church or religious society or denomination.
(B) Written verification as described herein shall be satisfied by any sworn or notarized statement including the required information.
(d) The following sample forms shall satisfy the notice and verification requirements but are not required. These sample forms shall be posted to the New York state unified court system's website, and shall be made available in the state's family, civil, housing, criminal, and supreme courts:
Part I. Tenant/Legal Occupant Statement
I, (insert name of tenant), state as follows:
(Choose the next part (A, B, or C) that most accurately describes your situation)
(A) I have been subject to domestic violence. Date(s) of recent incident(s) happened on or about:
S. 4281--A 3
(B) A member of my household has been subject to domestic violence. Date(s) of recent incident(s) happened on or about:
(C) Both I and at least one member of my household have been subject to domestic violence. Date(s) of recent incident(s) happened on or about:
The person I have asserted has perpetrated domestic violence is my co-tenant, and I cannot safely give notice of my termination to my co-tenant. (YES/NO)
I reasonably fear that I cannot safely remain in my current apartment. I hereby terminate my lease effective (date at least thirty days after this notice is delivered).
_______________________ ___________ (signature of tenant) (date)
Acknowledgement
State of _____________________)
)ss.: County of ____________________) On the ______ day of __________ in the year _____, before me, the undersigned notary public, personally appeared _______________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
_________________________ Notary Public
Part II. Qualified Third Party Statement
I, (insert name of qualified third party), state as follows: My employer name/address/phone number/e-mail address are as follows:
I am:
____ A law enforcement officer employed by the (insert law enforcement
agency). ____ An employee of __________________________ court located in the
state of _______________. ____ An attorney licensed to practice in (insert name of state(s)). ____ A physician licensed to practice in (insert name of state(s)). ____ A psychiatrist licensed to practice in (insert name of state(s)). ____ A psychologist licensed to practice in (insert name of state(s)). ____ A social worker licensed to practice in (insert name of state(s)). ____ A nurse licensed to practice in (insert name of state(s)).
S. 4281--A 4
____ A therapist or clinical professional counselor licensed to practice
in (insert name of state(s)); ____ Employed by a government or non-profit agency or service that
advises persons regarding domestic violence or refers them to
persons or agencies for services or advice. ____ A member of the clergy of a church or religious society or denomi-
nation. ____ Other (describe):_________________________________________________
The person who signed the Tenant/Legal Occupant Statement above has stated to me that he/she/they, or a member of his/her/their household, has been subject to domestic violence.
This person further stated to me the incident(s) occurred on or about the date(s) stated above.
I understand that the person who signed the Tenant/Legal Occupant Statement may use this document as a basis for terminating a lease with the person's lessor.
__________________________________________ (name of qualified third party)
__________________________________________ (signature of qualified third party)
______________ (date)
Acknowledgement
State of ______________________)
)ss.: County of _____________________)
On the _______ day of ___________ in the year _____, before me, the undersigned notary public, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
____________________________________________ Notary Public
Part III. Statement of Interpretation/Translation
S. 4281--A 5
I am bilingual in English and ____________ and have translated or interpreted this document to the best of my ability for the signer above.
_________________________________________ (name of interpreter/translator)
_________________________________________ (signature of interpreter/translator)
___________________ (date)
Acknowledgement
State of ______________________)
)ss.: County of _____________________)
On the _______ day of ___________ in the year _____, before me, the undersigned notary public, personally appeared ________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
____________________________________________ Notary Public
3. Treatment of rent. (a) The tenant terminating the lease shall pay rent, pro-rata, up to the lease termination date pursuant to this section.
(b) The tenant terminating the lease shall be entitled to a refund for any prepaid rent or other payments covering the period after the effective date of the lease termination, as long as the tenant has vacated the premises. Such refund shall be provided within ten days of delivery of the written notice as outlined in subdivision two of this section.
(c) A tenant who meets the requirements in subdivision one of this section and submits proper notice pursuant to subdivision two of this section shall have a defense in any action brought by a landlord against such tenant to recover rent and/or damages for breach of lease and shall not be liable for any rent after the effective termination date.
(d) The lessor or owner may withhold a security deposit in part or in full to the extent allowed by the lease or statute, except for the early termination granted by this section, and shall not withhold any part of the security deposit due to the tenant's exercise of rights under this section.
(e) Nothing in this section shall be construed to be a defense against an action for rent for a period of time before the tenant vacated the premises and gave notice as required in subdivision two of this section.
4. Co-tenants and other occupants. Upon termination:
S. 4281--A 6
(a) If the terminating tenant is the sole leaseholder, the premises shall be delivered to the lessor or owner:
(i) free of all tenants and occupants, provided that the terminating tenant shall not be responsible for ensuring that the abusive household member is not present; and
(ii) in accordance with the terms of the lease relating to delivery of the premises at the termination of the lease.
(b) If there are tenants on the lease other than the terminating tenant:
(i) the landlord shall not, except upon consent of such additional tenants, terminate or sever the co-tenancy. The landlord must provide the remaining tenant at least thirty days from the termination date to decide whether to consent to a termination or severance.
(ii) The remaining co-tenant or co-tenants hold the right to add an additional occupant as defined by paragraph (b) of subdivision one of section two hundred thirty-five-f of this article.
5. Confidentiality provisions. (a) Unless the terminating tenant provides written authorization for the release of information or unless required by law, court order, or statute, the information shall not be released. Information that shall be kept confidential shall include information obtained during the process of the tenant terminating his or her lease in accordance with this section, such as: (i) the nature of the termination, (ii) the status of the tenant or member of the tenant's household as a victim of domestic violence, and (iii) any information contained in documentation provided to demonstrate status as a victim of domestic violence.
(b) Pursuant to this section, the landlord shall not divulge, describe, or characterize the termination of the rental agreement as an early termination by a current lessor to a prospective lessor or any third party.
6. Violations. (a) Landlords who knowingly, or intentionally violate any part of this section may be liable for liquidated damages, not to exceed one thousand dollars, actual damages, costs and attorneys' fees.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to the termination of a residential lease by a victim of domestic violence; and to repeal certain provisions of such law relating thereto
Purpose or general idea of bill
This bill amends Real Property Law § 227-c to streamline the procedure for early lease termination by domestic violence survivors, allowing more survivors to exercise this provision when necessary to ensure both their immediate physical safety and long-term financial security.
Summary of provisions
RPL § 227-c allows domestic violence survivors to terminate their resi- dential leases early when necessary for their safety. However, the current statute contains several provisions that impose significant barriers to survivors who are or would be eligible for this option. As a result, domestic violence survivors are faced with a choice of remaining in an unsafe housing situation or fleeing the residence without properly terminating their lease only to face subsequent legal and financial consequences.
Read the full memo (876 words)
Specifically, this bill proposes the following changes to Real Property Law § 227-c: Amends the existing Subsection 1 of RPL § 227-c to allow domestic violence survivors to terminate residential leases without obtaining a court order of protection.
Replaces Subsection 2 of RPL § 227-c with a new subsection outlining the process for lease termination under the statute and detailing notice requirements. Subsection 2(a) changes the termination process to a writ- ten notice requirement instead of a court proceeding. It also elimi- nates the requirement that a tenant seeking to terminate a lease notify a co-tenant who is also their abuser. Subsection 2(c) expands the cate- gories of documentation required to corroborate the tenant's status as a domestic violence survivor to include police reports, medical reports, and certifications from domestic violence service providers as well as orders of protection. Subsection 2(d) shortens the time period between initiation of the process and the termination date. Subsection 2 also eliminates the requirement that the tenant seeking to terminate a lease be current on rental payments while preserving the landlord's right to seek arrears which accrued prior to the termination of the lease.
Creates a new Subsection 3 of RPL § 227-c which details how rent and any security deposit will be handled. It also establishes a defense to a subsequent legal action for rental arrears brought by the landlord based upon compliance with the notice and documentation requirements herein. Subsection 3(e) explicitly preserves a landlord's right to seek rental arrears owed prior to the termination date.
Creates a new Subsection 4 of RPL § 227-c to outline and clarify the treatment of other tenants and occupants upon termination,This section largely follows the current language under RPL § 227-c(2)(c)(ii).
Creates a new Subsection 5 of RPL § 227-c which prohibits a lessor or owner from disclosing the terminating tenant's whereabouts and/or utili-
zation of this statute to any person or agency. Creates a new subsection 6 which establishes damages for violations of the statute.
Justification
Housing is consistently identified as one of the primary obstacles facing domestic violence survivors. When it was enacted in 2007, RPL 227-c sought to address this issue by creating a mechanism for tenants who are domestic violence survivors to terminate their residential leas- es when leaving the residence to ensure their safety. However, under the existing statute, some tenants who are eligible for this relief are unable to access it because of some of the law's requirements. As a result, these survivors either stay in an unsafe location or flee the residence only to later be held liable for the rent accrued during the remainder of the lease's term.
Requiring domestic violence survivors to be current on their rent in order to terminate their lease ignores the reality that 99% of all survivors experience financial abuse,{1} and often have little control over whether their rent is paid on time or at all. Eliminating this requirement will allow more survivors to utilize this statute and flee to safety, while still maintaining the landlord's right and ability to pursue any arrears owed at the time of termination.
The current statute requires tenants to seek an order from the court which issued the original order of protection after providing notice to the landlord and any co-tenants, which may include the abuser. This provision brings what is essentially a landlord-tenant is sue into Fami- ly, Supreme and Criminal Courts. The proposed bill eliminates the requirement of a Court order, allowing a tenant to terminate their lease upon proper notice to the landlord. It also eliminates the requirement that abusers who are cotenants be notified. While orders of protection are extremely valuable tools for domestic violence survivors, there are situations in which they are not effective or appropriate. By expanding the categories of supporting documentation beyond orders of protection, the proposed Bill make s the lease termination provision under RPL § 227-c available to a greater number of domestic violence survivors as the legislation was originally intended.
Prior legislative history
A.11056 of 2017-2018.
Fiscal implications
To be determined.
Effective date
This act shall be effective immediately. {1} Adrienne E. Adams, Cris M. Sullivan, Deborah Bybee, & Megan R. Greeson, Development of the Scale of Economic Abuse, 14 Violence Against Women 563, 580 (2008).
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.