Section 227-C. Termination of residential lease by victims of domestic violence

1. In any lease or rental agreement covering premises occupied
  for dwelling purposes, a lessee or tenant for whose benefit any order of
  protection has been issued by a court of competent  jurisdiction,  shall
  be  permitted  to  terminate such lease or rental agreement and quit and
  surrender possession of the leasehold  premises,  and  of  the  land  so
  leased  or occupied pursuant to the provisions of this section and to be
  released from any liability to pay to the lessor or owner, rent or other
  payments in lieu of  rent  for  the  time  subsequent  to  the  date  of
  termination  of  such  lease  in accordance with subdivision two of this
  section.
    2. (a) A lessee or tenant for whose benefit any  order  of  protection
  has  been issued by a court of competent jurisdiction, may, on ten days'
  notice to the lessor or owner of the premises occupied by  such  person,
  and  to  any  co-tenants  of such lessee or tenant, seek an order of the
  court that issued such order of protection authorizing  such  lessee  or
  tenant  to  terminate such party's lease or rental agreement. Such court
  shall hear any such application at any time that the order of protection
  remains in effect, whether or not the action  in  which  it  was  issued
  remains open.
    (b)  The  court shall issue such order only if the applicant lessee or
  tenant establishes to the satisfaction of the court that:
    (i) notwithstanding the existence of  an  order  of  protection  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 to permit termination; and
    (iii) the lessee or tenant is acting in good faith.
    (c)  The  court  shall  condition  the  granting  of  the order on the
  following terms:
    (i) All sums due under the  lease  or  rental  agreement  through  the
  termination date of such lease or rental agreement are timely paid;
    (ii) That upon termination:
    (a)  the  premises  are  delivered  to the lessor or owner free of all
  tenants and occupants and in accordance with  the  terms  of  the  lease
  relating  to  delivery  of the premises at the termination of the lease,
  provided that the applicant shall not be responsible for  ensuring  that
  the person covered by the order of protection is not present; or
    (b)  if  there  are also tenants on the lease other than the applicant
  tenant and the person covered by the  order  of  protection,  the  court
  shall not, except upon consent of such additional tenants, terminate the
  entire co-tenancy, but the court may sever the co-tenancy, in which case
  the applicant tenant shall vacate by the termination date; and
    (iii)  That  adjustments  be  made through to termination date for any
  rent or other payments made in advance or  which  have  accrued  by  the
  terms of such lease or rental agreement.
    (d)  The  order  shall  specify the termination date which shall be no
  earlier than thirty days and no later than one hundred fifty days  after
  the  due  date  of  the  next rental payment subsequent to the date such
  order is served on the lessor or owner.
    (e) The order  shall  be  served  on  the  lessor  or  owner  and  any
  co-tenants by the court or in the manner directed by the court.
    3.  The  lessor  or  owner  and  any  co-tenants  shall be afforded an
  opportunity to be heard by the  court  and  express  opposition  to  the
  issuance  or terms of a termination order. If the court is not satisfied

  that there has been adequate notice of the application  to  the  lessor,
  owner,  or  any  co-tenants,  it  may briefly adjourn the matter or take
  other steps to provide for such notice, but shall not  direct  that  the
  applicant  lessee or tenant make personal service of the application, or
  of a termination order,  upon  a  co-tenant  covered  by  the  order  of
  protection.
    4.  Any  agreement  by  a  lessee  or  tenant of premises occupied for
  dwelling purposes waiving or modifying his or her rights as set forth in
  this section shall be void as contrary to public policy.