N.Y. Real Property Law Section 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 § 227-A (Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...)section two hundred twenty-seven-a of this article except for residential health care facility (as defined in Public Health Law § 2801 (Definitions)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 § 227-A (Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...)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 § 227-A (Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...)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 § 227-A (Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...)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 Real Property Law § 227-B (Termination of certain contracts by senior citizens)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 Real Property Law § 227-B (Termination of certain contracts by senior citizens)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 Real Property Law § 227-A (Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...)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 Real Property Law § 227-A (Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...)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.

Source: Section 227-B — Termination of certain contracts by senior citizens, https://www.­nysenate.­gov/legislation/laws/RPP/227-B (updated Sep. 22, 2014; accessed Jun. 15, 2024).

220
Action for use and occupation
221
Rent due on life leases recoverable
222
When rent is apportionable
223
Rights where property or lease is transferred
223‑A
Remedies of lessee when possession is not delivered
223‑B
Retaliation by landlord against tenant
224
Attornment by tenant
225
Notice of action adverse to possession of tenant
226
Effect of renewal on sub-lease
226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements
226‑B
Right to sublease or assign
226‑C
Notice of rent increase or non-renewal of residential tenancy
227
When tenant may surrender premises
227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...
227‑B
Termination of certain contracts by senior citizens
227‑C
Termination of residential lease by victims of domestic violence
227‑D
Discrimination based on domestic violence status
227‑E
Landlord duty to mitigate damages
227‑F
Denial on the basis of involvement in prior disputes prohibited
228
Termination of tenancies at will or by sufferance, by notice
229
Liability of tenant holding over after giving notice of intention to quit
230
Right of tenants to form, join or participate in tenants’ groups
231
Lease, when void
231‑A
Sprinkler system notice in residential leases
231‑B
Flood history and risk notice in residential leases
231‑C
Good cause eviction law notice
232
Duration of certain agreements in New York
232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York
232‑C
Holding over by a tenant after expiration of a term longer than one month
233
Manufactured home parks
233‑A
Sale of manufactured home parks
233‑B
Manufactured home parks
233‑B*2
Campgrounds
234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property
234‑A
Unauthorized legal fees
235
Wilful violations
235‑A
Tenant right to offset payments and entitlement to damages in certain cases
235‑B
Warranty of habitability
235‑BB
Certificates of occupancy
235‑C
Unconscionable lease or clause
235‑D
Harassment
235‑E
Duty to provide a written receipt
235‑F
Unlawful restrictions on occupancy
235‑G
Electronic billing and/or payment of rent
235‑H
Waiver of right to bring a declaratory judgment action
235‑I
Unreasonable tenant fees for reproductions of keys
236
Assignment of lease of a deceased tenant
236‑A
Termination of lease of a deceased tenant
237
Discrimination in leases with respect to bearing of children
237‑A
Discrimination against children in dwelling houses and manufactured home parks
238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies
238‑A
Limitation on fees

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 227-B’s source at nysenate​.gov

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