N.Y. Real Property Law 227-B – Termination of certain contracts by senior citizens
§ 227-b. Termination of certain contracts by senior citizens. 1. In any lease or contract for a senior citizen who has attained the age of sixty-two or older to reside in those facilities set forth in subdivision one of section two hundred twenty-seven-a of this article except for residential health care facility (as defined in § 2801 of the public health law) and any other facilities operated for the specific purpose of housing senior citizens which offer ancillary services to accommodate senior citizens, there shall be implied a covenant by the lessor or owner of such facilities to permit such senior citizen, or other person obligated by any part of such lease or contract on behalf of such senior citizen, to cancel such lease or contract until midnight of the third business day after which such person has signed such lease or contract. Where any provision of such lease or contract or any law or regulations affords a longer period to cancel than the period provided in this subdivision, such longer period shall govern.
Terms Used In N.Y. Real Property Law 227-B
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Cancellation occurs when written notice of cancellation is given to the owner or lessor.
3. Notice of cancellation, if given by mail, shall be deemed given on the date of the postmark.
4. The form of notice of cancellation shall not be prescribed by such lease or contract. Notice of cancellation shall be sufficient if it indicates the intention of the senior citizen or other person obligated for any part of the contract on behalf of such senior citizen to cancel such lease or contract.
5. Where a person exercises their right to cancel a lease or contract pursuant to this section, and such person has terminated a lease or rental agreement under section two hundred twenty-seven-a of this article, such person shall have the right to reinstate such original lease or rental agreement until midnight of the fifth business day after the notice of termination required under subdivision two of section two hundred twenty-seven-a of this article has been delivered. Notice of intent to reinstate a lease or rental agreement pursuant to this subdivision shall be made in writing and delivered to the lessor or owner or to the owner's or lessor's agent by the lessee or tenant. If such notice is given by mail, it shall be deemed given on the date of the postmark. Such original lease or rental agreement shall continue to be in effect for the period stated in such agreement as if there had been no interruption in the lease period.
6. Any lease or rental agreement entered into by a lessor or owner to relet the premises being vacated by the senior citizen pursuant to a notice served pursuant to section two hundred twenty-seven-a of this article shall be subject to the provisions of this section. In the event a senior citizen exercises his or her right of reinstatement pursuant to this section such lease or rental agreement to relet the premises shall be canceled. In such event the owner or lessor shall have no obligation to (a) the prospective tenant other than refund of any rent or security paid to such owner or lessor by the prospective tenant, or (b) any broker, agent or other party in connection with such reletting.
7. Any broker's fee or commission paid in connection with the lease or contract referred to in subdivision one of this section or reletting referred to in subdivision six of this section shall be refunded to the party who paid such fee or commission if such lease or contract referred to in subdivision one of this section is canceled pursuant to this section or if such lease or rental agreement referred to in subdivision six of this section is canceled or terminated.
8. Notwithstanding any other provision of this section, any person who enters senior citizen housing prior to midnight of the third business day after the day on which such person has signed a lease or contract for such housing and subsequently cancels such lease or contract shall be financially responsible for room, board and services received while such person was a resident in such housing in the same manner and to the same extent had the lease or contract not been canceled pursuant to the provisions of this section.
9. Such lease or contract referred to in subdivision one of this section shall include a statement notifying the senior citizen of his or her right to cancel such lease or contract pursuant to the provisions of this section. Such statement shall include in conspicuous print, of at least eighteen point type, an explanation of a senior citizen's right to cancel a lease or contract referred to in subdivision one of this section and all other applicable requirements and duties relating thereto. Such notice shall read as follows:
NOTICE TO SENIOR CITIZENS:
A. CONTRACT OR LEASE CANCELLATION
SECTION 227-b OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS FOR THE CANCELLATION OF A CONTRACT OR LEASE ENTERED INTO BY SENIOR CITIZENS WITH CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR OTHER SENIOR CITIZEN HOUSING FACILITIES. Who is eligible?
Any senior citizen who is age sixty-two years or older. What kind of facilities does this law apply to?
This law will apply if the senior citizen is canceling a contract or
lease with:
a. An adult care facility;
b. Other senior citizen housing facilities. How do you cancel the contract or lease?
The senior citizen is allowed to cancel a contract or lease entered
into with any of the above mentioned facilities until midnight of the
third business day after which the contract or lease was signed by the
senior citizen. Cancellation occurs when written notice of
cancellation is given to the owner of the facility. Notice of
cancellation, if given by mail, shall be deemed given on the date of
the postmark.
B. REINSTATEMENT OF A RESIDENTIAL LEASE
SECTION 227-B OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS SENIOR CITIZENS TO REINSTATE A RESIDENTIAL LEASE UNDER CERTAIN CONDITIONS. Who is eligible?
Any senior citizen who has exercised his or her right to cancel a
lease or contract with an adult care facility or a senior citizen
housing facility and has terminated a residential lease under Section
227-a of the Real Property Law of the State of New York. How do you reinstate a residential lease?
The senior citizen is allowed to reinstate a residential lease until
midnight of the fifth business day after the notice of termination
required under subdivision two of section 227-a of the real property
law has been delivered. Reinstatement occurs when written notice of
reinstatement is given to the landlord. Notice of reinstatement, if
given by mail, shall be deemed given on the date of the postmark.
10. Any agreement by a senior citizen waiving or modifying any of the rights set forth in this section shall be void as contrary to public policy.