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Assembly Bill A3912

2009-2010 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 Assembly Committee

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Bill Amendments

2009-A3912 - Details

Current Committee:
Assembly Judiciary
Laws Affected:
Add §234-a, RP L

2009-A3912 - Summary

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

2009-A3912 - Bill Text download pdf 

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

                                  3912

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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  FOR  THREE  TIMES
THE  AMOUNT  OF  SUCH  ATTORNEYS'  FEES  AND/OR EXPENSES INCURRED BY THE
TENANT  REGARDLESS  OF  WHETHER  AN  ACTION  OR  SUMMARY  PROCEEDING  IS
COMMENCED  BY  THE LANDLORD BASED ON SUCH NOTICE. SUCH FEES AND EXPENSES
MAY BE RECOVERED AS PROVIDED BY LAW IN AN ACTION COMMENCED  AGAINST  THE
LANDLORD  OR  BY WAY OF COUNTERCLAIM IN ANY ACTION OR SUMMARY PROCEEDING
COMMENCED BY THE LANDLORD AGAINST THE TENANT. ANY WAIVER OF THIS SECTION
SHALL BE VOID AS AGAINST PUBLIC POLICY.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01468-02-9

2009-A3912A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Laws Affected:
Add §234-a, RP L

2009-A3912A (ACTIVE) - Summary

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

2009-A3912A (ACTIVE) - Sponsor Memo

2009-A3912A (ACTIVE) - Bill Text download pdf 

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

                                 3912--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

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.
                                                           LBD01468-03-9

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