Order On Petition For Termination Or Severance Of Lease Or Rental Agreement {GF-39}

Real Property Law §227-c General Form 39 (Order on Petition Pursuant to RPL §227-c for Termination or Severance of Lease or Rental Agreement) 8/2010 At a term of the Family Court of the State of New York, held in and for the County of , at New York, on , PRESENT: Hon. Judge _________________________________ In the Matter of a Proceeding Under Article __ of the Family Court Act Petitioner Docket No. -against- Respondent ............................................................................................ In the Matter of a Proceeding under Real Property Law §227-c Petitioner-tenant against Respondent(s)-Landlord(s) Docket No. ORDER ON PETITION FOR G TERMINATION G SEVERANCE OF LEASE OR RENTAL AGREEMENT Respondent(s)-Co-tenant(s) ____________________________________ A petition having been filed with this Court on [specify date]: requesting an order G terminating the lease or rental agreement G severing the co-tenancy of [specify Petitioner-tenant]: at [specify address of premises, including apartment number, if any]:1 And the Petitioner-tenant, having appeared G with counsel G without counsel; And notice of the petition having been duly given to the following Respondent(s), who appeared as follows: [specify; check applicable boxes]: G Landlord(s) or owner(s) [specify]: Name: G appeared with counsel G appeared without counsel G did not appear Name: G appeared with counsel G appeared without counsel G did not appear , NOTE: If an address confidentiality order has been issued, the address of the premises may be redacted from the copy served upon the person against whom the order of protection has been issued. American LegalNet, Inc. www.FormsWorkFlow.com 1 General Form 39 Page 2 G Co-tenant(s), co-lessee(s) or other persons named on the lease or rental agreement, if any [specify]: Name: G appeared with counsel G appeared without counsel G did not appear Name: G appeared with counsel G appeared without counsel G did not appear Name: G appeared with counsel G appeared without counsel G did not appear And the following additional persons, if any, appeared as follows: G Name: G appeared with counsel G appeared without counsel G did not appear G Name: G appeared with counsel G appeared without counsel G did not appear G Name: G appeared with counsel G appeared without counsel G did not appear G Attorney for the child, if any [specify]: G appeared G did not appear And G an order of protection G a temporary order of protection having been issued by G this Court G [out-of-state orders only]: the following other court of competent jurisdiction [specify court and jurisdiction]: on [specify date]: on Docket # [specify]: to protect [specify name of tenant/petitioner and/or children, if any]: against [specify name of person against whom order was issued and indicate whether such person is a landlord or co-tenant of the Petitioner]: The G order of protection Gtemporary order of protection expires on [specify date]: This Court, [check applicable box(es)]: G upon examination of the petition and G upon hearing proof and testimony finds the following [check any applicable box(es)]: G The tenant is acting in good faith; G The tenant is not acting in good faith; G Notwithstanding the issuance of the order of protection or temporary order of protection, the G tenant Gtenant's child (ren) [specify]: remain(s) at substantial risk of physical or emotional harm, a risk that will be substantially reduced if the lease or rental agreement is terminated or the co-tenancy is severed; G The tenant has not established to the satisfaction of the Court that, notwithstanding the issuance of the order of protection or temporary order of protection, the G tenant Gtenant's child (ren) remain(s) at substantial risk of physical or emotional harm or that the risk, if any, would be substantially reduced if the lease or rental agreement is terminated or if the cotenancy is severed; [Applicable to petitions to terminate lease or rental agreement only]: G The tenant asked the landlord or owner to voluntarily terminate the lease but was refused; G The tenant did not ask the landlord or owner to voluntarily terminate the lease; G The landlord or owner did not respond to the tenant's request to voluntarily terminate the lease; G The landlord appeared in this proceeding and agreed to voluntarily terminate the lease; [Applicable to petitions to sever lease or rental agreement obligation from co-tenant(s) only]: G The following co-tenants or co-lessees have consented to termination of the lease or rental agreement [specify]: G The following co-tenants or co-lessees have refused to consent to termination of the lease or rental agreement [specify]: G The following co-tenants or co-lessees have not responded regarding termination of the lease or rental agreement [specify]: G And the Court further finds that [specify]: American LegalNet, Inc. www.FormsWorkFlow.com General Form 39 Page 3 NOW, after examination and inquiry into the facts and circumstances Gand after hearing the proof and testimony, it is therefore [Check applicable box(es)]: G ORDERED, that the petition is DENIED. OR G ORDERED, that the petition is GRANTED and it is further [Applicable to termination of lease or rental agreement only]: G ORDERED that the lease or rental agreement of [specify tenant]: for premises located at [specify address, including apartment number, if any]: is terminated as of [specify date]:2 and Ghe Gshe shall be released from rent and other payment obligations accruing on or after that date; and it is further G ORDERED that the tenant shall deliver the leasehold premises to the landlord or owner in accordance with the terms of the lease or rental agreement free of all occupants not later than [specify date]: provided, however, that the tenant shall not be responsible for ensuring that , the person against whom the order of protection or temporary order of protection has been issued is not present; OR [Applicable to severance of lease or rental agreement obligation from co-tenant(s) only]: G ORDERED that the co-tenancy of [specify tenant]: with [specify co-tenant(s) or co-lessee(s)]: for premises located at [specify address, including apartment number, if any]: is severed as of [specify date]:3 and the tenant [specify]: shall be released from rent and other payment obligations accruing on or after that date and shall vacate the leasehold premises not later than [specify date]: And it is further G ORDERED that the tenant shall pay all rent an