New York has recently promulgated a law that gives domestic violence victims one less thing to worry about.  Although the periphery issues replete in domestic violence situations are well-known, the one issue many are still oblivious to are the financial impact many survivors face.  Particularly, many fail to understand that there are economic and financial burdens that many face as a result. One of these are the financial obligations that go along with being bound to a lease for an apartment.  In New York, many residential leases rarely give tenants the opportunity to voluntarily exticate themselves from the legal obligations of the lease. rampa





Chapter 73 of the Laws of 2007 amends the Real Property Law by adding a
new §227-c, which provides that, as to any lease or rental agreement
covering premises occupied for dwelling purposes, a lessee or tenant for
whose benefit an order of protection has been issued shall be permitted
to terminate such lease or rental agreement, and quit and surrender
possession of the premises and land and be released from any liability
to pay rent or other payments for the time subsequent to the date of
termination of such lease.

The lessee or tenant may, on ten days' notice to the lessor or owner of
the premises, seek an order of the court that issued the order of
protection authorizing such lessee or tenant to terminate the lease or
rental agreement. The lessor or owner shall be afforded an opportunity
to be heard by the court and express opposition to the issuance of a
termination order. The court shall issue such order only if the lessee
or tenant establishes that: (i) there continues to exist a substantial
risk of physical or emotional harm to such person or such person's child
from the party covered by the order of protection if the parties remain
in the premises, and that relocation will substantially reduce such
risk; (ii) the lessee or tenant attempted to secure the voluntary
consent of the lessor or owner to terminate the lease or rental
agreement and the lessor or owner refused; and (iii) that the lessee or
tenant is acting in good faith. 

The court shall condition the granting of the order on, inter alia, the
lessee or tenant’s timely payment of all sums due and delivery of the
premises in accordance with the terms of the lease. Any agreement by a
lessee or tenant waiving or modifying these rights shall be void as
contrary to public policy.




Chapter 73 takes effect on August 3, 2007.