Terminating a Disabled Senior’s Lease in New York State
New York State Real Property Law Section 227-a permits a senior citizen to terminate a residential lease if they are moving to either the residence of a family member or if they are: entering certain healthcare, adult care facilities or housing projects.
The highlights of the statute include:
- Individuals must be 62 or older or will reach that age, during the lease term, or be residing with a spouse that meets the age criteria.
- A physician’s certification is required showing that the individual cannot live independently on the premises for medical reasons and requires assistance with activities of daily living.
- Seniors who receive notice of an opportunity to live in an adult care facility, a residential healthcare facility, or a subsidized housing unit may be eligible.
If the conditions under the statute are met, the family member or the residential healthcare facility can write a letter to the company of the rental premises, provide documentation from a physician as to the cause for the change in circumstances, and if there is an ongoing lease that has not yet expired, the request can be made to terminate that lease early, based upon medical cause for relocation. Our firm has assisted seniors in this situation; we verify that the documentation is tailored properly to cover the requirements in the statute. The law then requires the management company to release the senior citizen from their lease obligation.
Anytime someone is negotiating terms of a lease, whether it’s a new lease or a lease termination, it’s important to consult with an attorney who will review the lease terms and provide advice to ensure that the lease, or termination of the lease, reflects the terms as needed. At Leonick Law any of our attorneys can assist with this issue.
Do you or a loved one struggle to live independently?
James F. Leonick
Leonick Law, P.L.L.C.
TEL: (631) 486-9500