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Senate Bill S8154

2009-2010 Legislative Session

Relates to an action for willful neglect of residential real property and treble damages

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S8154 (ACTIVE) - Details

See Assembly Version of this Bill:
A11540
Current Committee:
Senate Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง854, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2882
2013-2014: S162
2015-2016: S589
2017-2018: S2023, S7102
2019-2020: S3384
2021-2022: S2842

2009-S8154 (ACTIVE) - Summary

Relates to an action for willful neglect of residential real property and treble damages.

2009-S8154 (ACTIVE) - Sponsor Memo

2009-S8154 (ACTIVE) - Bill Text download pdf 

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

                                  8154

                            I N  S E N A T E

                              June 11, 2010
                               ___________

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

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to an action for willful neglect of residential real property

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

  Section 1. The real property actions and proceedings law is amended by
adding a new section 854 to read as follows:
  S 854. ACTION FOR WILLFUL NEGLECT OF RESIDENTIAL REAL PROPERTY; TREBLE
DAMAGES. 1. IF A TENANT IS FORCED TO VACATE  RESIDENTIAL  REAL  PROPERTY
BECAUSE  OF  WILLFUL  NEGLECT  OF  SUCH PROPERTY BY THE PERSON OR ENTITY
REQUIRED BY STATE OR LOCAL LAW TO MAINTAIN SUCH PROPERTY, HE OR  SHE  IS
ENTITLED  TO RECOVER TREBLE DAMAGES IN AN ACTION OR COUNTERCLAIM AGAINST
SUCH PERSON OR ENTITY. IN  LIEU  OF  TREBLE  DAMAGES,  AT  THE  TENANT'S
OPTION,  THE  PERSON  OR  ENTITY  REQUIRED TO MAINTAIN THE PROPERTY MUST
RELOCATE THE TENANT TO A COMPARABLE HOUSING ACCOMMODATION IN  A  CLOSELY
PROXIMATE AREA THAT IS THE SAME OR LOWER RENT.
  2. WILLFUL NEGLECT SHALL INCLUDE IMPROPER MAINTENANCE OR LACK OF MAIN-
TENANCE  RESULTING  IN SUBSTANTIAL DETERIORATION OF THE PROPERTY SUCH AS
TO RENDER IT UNINHABITABLE. WILLFUL NEGLECT MAY BE  CONSIDERED  WHENEVER
THERE HAS BEEN A VACATE ORDER OR ORDER FOR THE DEMOLITION OF THE PROPER-
TY  ISSUED BY AN AGENCY OR OFFICIAL OF STATE OR LOCAL GOVERNMENT.  WILL-
FUL NEGLECT SHALL NOT INCLUDE  CONDITIONS  BEYOND  THE  CONTROL  OF  THE
PERSON  OR  ENTITY  REQUIRED TO MAINTAIN THE PROPERTY, SUCH AS A NATURAL
DISASTER OR AN ACT OF WAR OR TERRORISM.
  3. THE PERSON OR ENTITY REQUIRED BY LAW TO MAINTAIN  RESIDENTIAL  REAL
PROPERTY SHALL INCLUDE, BUT NOT BE LIMITED TO, A PLAINTIFF IN A FORECLO-
SURE ACTION HAVING A DUTY TO MAINTAIN PROPERTY PURSUANT TO SECTION THIR-
TEEN HUNDRED SEVEN OF THIS CHAPTER.
  4.  RESIDENTIAL REAL PROPERTY SHALL MEAN REAL PROPERTY LOCATED IN THIS
STATE IMPROVED BY ANY BUILDING OR STRUCTURE THAT IS OR MAY BE  USED,  IN
WHOLE  OR  IN PART, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, AND
SHALL INCLUDE ANY BUILDING OR STRUCTURE USED FOR  BOTH  RESIDENTIAL  AND
COMMERCIAL PURPOSES.

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

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