NY State Senate Bill 2011-S2882

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to judiciary
Apr 06, 2011	print number 2882a
Apr 06, 2011	amend and recommit to judiciary
Apr 05, 2011	notice of committee consideration - requested
Feb 02, 2011	referred to judiciary

Bill Amendments

Original

A (Active)

2011-S2882 - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §854, RPAP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8154
2013-2014: S162
2015-2016: S589
2017-2018: S2023, S7102
2019-2020: S3384
2021-2022: S2842

2011-S2882 - Summary

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

2011-S2882 - Sponsor Memo

                                BILL NUMBER:S2882

TITLE OF BILL:
An act
to amend the real property actions and proceedings law, in relation to
an action for willful neglect of residential real property

PURPOSE:
To establish a cause of action that will allow tenants to recover when
property owners willfully neglect their properties and allow them to
fall into disrepair.

SUMMARY OF PROVISIONS:
Section 1:

Subdivision (1) establishes a claim of willful neglect of real
property by the property owner. The tenant is provided with the
choice of two remedies, treble damages or relocation to a comparable
location.

Subdivision (2) defines the conditions that will result in a finding
of willful neglect.

Subdivision (3) requires a duty to maintain while being a patty to
foreclosure action.

Subdivision (4) defines residential real property as property used as
a home or residence.

Subdivision (5) precludes preemption of other state and local laws.

Section 2 provides for an immediate effective date.

JUSTIFICATION:
This legislation is necessary to ensure the continued quality of aging
building stock in this state and to prevent owners from circumventing
the system to wrongfully obtain vacate or demolition orders.

The bill creates an incentive for building owners to take all
reasonable steps to maintain the stability and quality of their
tenant's homes. The bill's provisions will help ensure that owners
act in good faith when events occur that cause deterioration of their
properties.

Finally, the bill provides much needed compensation for tenants that
are displaced from their homes through no fault of their own.

LEGISLATIVE HISTORY:
2010: S.8154/A.11540

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2882 - Bill Text download pdf

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

                                  2882

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03201-01-1

S. 2882                             2

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.
  5. THIS SECTION SHALL NOT PREEMPT, REDUCE OR LIMIT ANY RIGHTS OR OBLI-
GATIONS  IMPOSED  BY  ANY  STATE  OR LOCAL LAWS WITH RESPECT TO PROPERTY
MAINTENANCE AND A LOCALITY'S ABILITY TO ENFORCE THOSE LAWS.
  S 2. This act shall take effect immediately.

2011-S2882A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §854, RPAP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8154
2013-2014: S162
2015-2016: S589
2017-2018: S2023, S7102
2019-2020: S3384
2021-2022: S2842

2011-S2882A (ACTIVE) - Summary

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

2011-S2882A (ACTIVE) - Sponsor Memo

2011-S2882A (ACTIVE) - Bill Text download pdf

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

                                 2882--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 RESIDENTIAL 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 SHALL 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.    THIS  SECTION  SHALL  NOT PREEMPT, REDUCE OR LIMIT ANY RIGHTS OR
OBLIGATIONS IMPOSED BY ANY STATE OR LOCAL LAWS WITH RESPECT TO  PROPERTY
MAINTENANCE AND A LOCALITY'S ABILITY TO ENFORCE THOSE LAWS OR A TENANT'S
RIGHT TO BE RESTORED TO THE VACATED PREMISES.
  S 2. This act shall take effect immediately.

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

                                                           LBD03201-02-1

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Senate Bill S2882

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2011-S2882 - Details

2011-S2882 - Summary

2011-S2882 - Sponsor Memo

2011-S2882 - Bill Text download pdf

2011-S2882A (ACTIVE) - Details

2011-S2882A (ACTIVE) - Summary

2011-S2882A (ACTIVE) - Sponsor Memo

2011-S2882A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2882

Share this bill

Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2011-S2882 - Details

2011-S2882 - Summary

2011-S2882 - Sponsor Memo

2011-S2882 - Bill Text download pdf

2011-S2882A (ACTIVE) - Details

2011-S2882A (ACTIVE) - Summary

2011-S2882A (ACTIVE) - Sponsor Memo

2011-S2882A (ACTIVE) - Bill Text download pdf

Comments