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Senate Bill S5367

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 Senate Committee Judiciary Committee

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2009-S5367 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง234-a, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1306
2013-2014: S516
2015-2016: S3750
2017-2018: S2313

2009-S5367 (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-S5367 (ACTIVE) - Sponsor Memo

2009-S5367 (ACTIVE) - Bill Text download pdf 

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

                                  5367

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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 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

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