Under New York law, tenants are generally responsible for paying rent through the expiration of their lease term, even if they vacate the premises before the lease ends. However, RPAPL § 227-a creates an important statutory exception designed to protect senior citizens and individuals with disabilities whose housing needs change due to age, illness, disability, or the need for supportive care.
Under this exception, qualifying tenants may terminate their residential lease before its scheduled expiration without remaining liable for future rent, provided they satisfy the statute’s notice and documentation requirements.
Qualifying Tenants
To qualify for protection under RPAPL § 227-a, a tenant must either be 62 years of age or older or have a qualifying disability. In addition, the tenant must be relocating because they are no longer able to live independently and are moving in with a family member who will provide necessary care or assistance; or to an eligible adult care facility, residential health care facility, assisted living residence, subsidized housing program, or other housing specifically designed for seniors or individuals with disabilities.
The statute is intended to ease the burden on vulnerable individuals who must make a necessary transition to a more supportive living environment.
Without this protection, tenants faced with sudden health changes or increased care needs could remain contractually obligated for months of rent on a residence they can no longer occupy.
To invoke the statute, tenants must provide their landlord with written notice and supporting
documentation demonstrating their eligibility and intended relocation. Once the statutory requirements are satisfied, the lease may be terminated in accordance with the timelines set forth in the law, thereby relieving the tenant from future rental obligations beyond the effective termination date.
Landlords
For landlords, an understanding of RPAPL § 227-a is equally important. A valid lease termination under this statute may limit or eliminate a landlord’s ability to recover future rent under the lease.
If you have questions regarding the application of RPAPL § 227-a, please contact our office to discuss your specific circumstances.