Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Apr 27, 2009 |
referred to judiciary |
Senate Bill S5367
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
2009-S5367 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §234-a, RP L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1306
2013-2014: S516
2015-2016: S3750
2017-2018: S2313
2009-S5367 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5367 TITLE OF BILL : 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 PURPOSE : This bill will serve as a strong disincentive for landlords to serve legal notices on tenants that are not factually substantiated. SUMMARY OF PROVISIONS : Section One amends the Real Property Law by adding a new section 234-A stating that there should be implied in the lease of residential property a covenant by the landlord to pay to the tenant the reasonable attorney's 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. If the landlord knowing serves notice to a tenant containing facts or
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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