Cohabitation, Domestic Violence and Real Property Law 227-c

Cohabitation, Domestic Violence and Real Property Law 227-c

When couples, partners, or roommates sign an apartment lease, they usually do so with the best of intentions. The cohabiting parties do not typically contemplate a sudden or progressive deterioration of their relationship. An incident of domestic violence, family offense, or criminal conduct inflicted by one cohabiting party upon the other may result in criminal prosecution or the issuance of a Family Court order of protection. The issuance of the order of protection can have unexpected and unforeseen consequences. Provided that certain conditions are met, under New York Real Property Law 227-c, the recipient of an order of protection may move the Family Court to terminate a residential lease. This can be especially troublesome for the other cohabiting party. The other cohabiting party may want to remain in the apartment as good apartments at favorable rents are highly coveted in our area. While any agreement modifying or waiving rights under Real Property Law 227-c are prohibited by law, it makes sense to consider other precautions, which can be addressed in a cohabitation agreement. A cohabitation agreement is typically negotiated and signed before occupancy begins, although there is nothing preventing the parties from signing one afterwards. My firm can represent an individual party in connection with a cohabitation agreement, or my firm can mediate a cohabitation agreement neutrally for both parties. A cohabitation agreement is a separate contract between the parties that confers additional rights to each party beyond those set forth in the lease . A cohabitation agreement can protect the rights of the parties where one party fails to meet anticipated contractual obligations under a lease. It is a sensible alternative that can provide specific terms to be observed in the event of a default, or premature departure of a cohabiting party.