New York State Laws Affecting Tenants in Domestic Violence Situations
Here are New York rules protecting tenants who are victims of domestic violence.
New York extends special protections to tenants who are victims of domestic violence. Here are some of the domestic violence (DV) laws that apply to tenants:
- Landlord cannot refuse to rent to victim of DV
- Landlord cannot terminate a victim of DV
- Early termination right for DV victim
- Penalty for falsely reporting domestic violence (including obtaining early termination)
- Landlord or court may bifurcate the lease, which means that the landlord may evict the abuser, but not the victim of the domestic violence
- Anti-discrimination protection and eviction protection do not apply to owner-occupied buildings with two or fewer units.
Check the New York statute (N.Y. Real Prop. Law § 227-c(2), N.Y. Crim. Proc. Law § 530.13(1), N.Y. Dom. Rel. Law § 240(3)) to see if the law applies to your situation. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.
If you are facing a domestic violence situation (including stalking) and want to move, check with local police or a battered women’s shelter regarding resources and services in your area, including how to get a temporary restraining order (TRO) from a court. For information and referrals to local agencies, call the National Domestic Violence Hotline at 800-799-SAFE. This organization’s website also includes links to state coalitions against domestic violence. Another useful resource is WomensLaw.org, which includes extensive information on state laws relevant to domestic violence, sexual assault, and stalking.