S T A T E O F N E W Y O R K
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4805
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. PHEFFER -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to establishing failure to pay association fees and carrying
charges as grounds for eviction and requiring attorneys' fees and late
charges to be assessed when a tenant fails to make arrears payments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 711 of the real property actions
and proceedings law, as added by chapter 312 of the laws of 1962, is
amended to read as follows:
2. The tenant has defaulted in the payment of rent, ASSOCIATION FEES
OR CARRYING CHARGES pursuant to the agreement under which the premises
are held, and a demand of the rent, ASSOCIATION FEES OR CARRYING CHARGES
has been made, or at least three days' notice in writing requiring, in
the alternative, the payment of the rent, ASSOCIATION FEES OR CARRYING
CHARGES or the possession of the premises, has been served upon him OR
HER as prescribed in section [735] SEVEN HUNDRED THIRTY-FIVE OF THIS
ARTICLE. The landlord may waive his OR HER right to proceed upon this
ground only by an express consent in writing to permit the tenant to
continue in possession, which consent shall be revocable at will, in
which event the landlord shall be deemed to have waived his OR HER right
to summary dispossess for nonpayment of rent, ASSOCIATION FEES OR CARRY-
ING CHARGES accruing during the time said consent remains unrevoked.
Any person succeeding to the landlord's interest in the premises may
proceed under this subdivision for rent, ASSOCIATION FEES OR CARRYING
CHARGES due his OR HER predecessor in interest if he OR SHE has a right
thereto. Where a tenant dies during the term of the lease and rent,
ASSOCIATION FEES OR CARRYING CHARGES due [has] HAVE not been paid and no
representative or person has taken possession of the premises and no
administrator or executor has been appointed, the proceeding may be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08617-01-9
A. 4805 2
commenced after three months from the date of death of the tenant by
joining the surviving spouse or if there is none, then one of the
surviving issue or if there is none, then any one of the distributees.
S 2. The real property actions and proceedings law is amended by
adding a new section 711-a to read as follows:
S 711-A. LANDLORD'S RIGHT TO RECOVER ATTORNEYS' FEES AND LATE CHARGES
IN ACTIONS OR SUMMARY PROCEEDINGS ARISING OUT OF A TENANT'S DEFAULT IN
THE PAYMENT OF RENT, ASSOCIATION FEES OR CARRYING CHARGES. WHENEVER A
LEASE OF RESIDENTIAL PROPERTY SHALL PROVIDE THAT IN ANY ACTION OR SUMMA-
RY PROCEEDING THE LANDLORD MAY RECOVER ATTORNEYS' FEES AND/OR EXPENSES
INCURRED AS THE RESULT OF THE FAILURE OF THE TENANT TO PAY RENT, ASSOCI-
ATION FEES OR CARRYING CHARGES CONTAINED IN SUCH LEASE, OR SUCH AMOUNTS
PAID BY THE LANDLORD THEREFOR SHALL BE PAID BY THE TENANT AS ADDITIONAL
RENT, THERE SHALL BE IMPLIED AN AGREEMENT THAT SUCH FEES AND EXPENSES
MAY BE RECOVERED AS PROVIDED BY LAW IN AN ACTION COMMENCED AGAINST THE
TENANT. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD
REASONABLE ATTORNEYS' FEES AND EXPENSES TO THE LANDLORD. ANY WAIVER OF
THIS SECTION SHALL BE VOID AS AGAINST PUBLIC POLICY.
S 3. This act shall take effect immediately.