Know the Laws: New York
UPDATED October 29, 2012
If you are a domestic violence victim, moving out of your apartment to a confidential location may be an important part of staying safe. Under this housing law, if your landlord refuses to let you out of your lease, a judge who gives you an order of protection can terminate your lease without financial penalties to you.
Under this housing law, if your landlord refuses to let you out of your lease, a judge who gives you an order of protection can terminate your lease without financial penalties to you.
As your first step, you need to approach your landlord and ask if you can be let out of your lease without any penalty based on your situation as a victim of domestic violence who needs to leave to protect his/her safety. If the landlord refuses, and you are applying for (or already have) an order of protection, you can ask the judge who issued the order of protection to terminate your lease so that you can leave without any penalty. The landlord and any co-tenants have to be given 10 days notice of the fact that you are applying in court for the judge to let you out of your lease.*
* NY Real Prop § 227-c(1) & (2)(a)
For a judge to terminate your lease, you must show him/her that:
If you are the only person named as the “tenant” on the lease, your roommates will have to move out when you move out. However, if your roommates are also listed as tenants on the lease, your roommates will not be affected if a judge decides to terminate your lease. In that case, the judge can separate your lease from your roommates’ if your roommates want to remain in the same place. If, however, your roommates also want to get out of the lease, the judge can terminate the leases of all the tenants where you live.*
* NY Real Prop § 227-c(2)(c)(ii)
No. The law says that tenants can’t give up their rights under this law. So even if your landlord included a clause in your lease that you cannot apply to the family court judge to end your lease as part of an order of protection, you are not bound by this. You can still request to get out of your lease early based on this law.*
* NY Real Prop § 227-c(4)