New York Laws
Article 7 - Landlord and Tenant
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 section
twenty-eight hundred one 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.

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.

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