Senate Bill S1306

2011-2012 Legislative Session

Creates tenants' right to recover certain attorneys' fees incurred as a result of service of notice based upon false facts or allegations

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Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S1306 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §234-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5367
2013-2014: S516
2015-2016: S3750
2017-2018: S2313

2011-S1306 (ACTIVE) - Summary

Creates tenants' right to recover certain attorneys' fees incurred as a result of service of notice based upon false facts or allegations.

2011-S1306 (ACTIVE) - Sponsor Memo

2011-S1306 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1306

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to tenants' right  to
  recover  attorneys'  fees  incurred  as  a result of service of notice
  based upon false facts or allegations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
234-a to read as follows:
  S 234-A. TENANTS' RIGHT TO RECOVER CERTAIN  ATTORNEYS'  FEES.    THERE
SHALL  BE  IMPLIED  IN A LEASE OF RESIDENTIAL PROPERTY A COVENANT BY THE
LANDLORD TO PAY TO THE TENANT  THE  REASONABLE  ATTORNEYS'  FEES  AND/OR
EXPENSES  INCURRED  BY  THE TENANT AS THE RESULT OF THE SERVICE BY OR ON
BEHALF OF THE LANDLORD OF A NOTICE TO CURE A VIOLATION OF THE  LEASE,  A
NOTICE  OF  TERMINATION OF THE LEASE OR A NOTICE OF REFUSAL TO RENEW THE
LEASE WHERE SUCH NOTICE CONTAINS ANY FACT  OR  ALLEGATION  THAT  IS  NOT
TRUE. WHERE SUCH NOTICE IS KNOWINGLY SERVED CONTAINING ANY FACT OR ALLE-
GATION THAT IS NOT TRUE, THE LANDLORD SHALL BE LIABLE TO SUCH TENANT FOR
THREE  TIMES  THE  MONTHLY  RENT CHARGED SUCH TENANT, OR THREE TIMES THE
DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER  IS  GREATER,  PLUS
REASONABLE ATTORNEYS' FEES AND COSTS AS DETERMINED BY THE COURT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01009-01-1


              

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