| Date of Action |
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 |
Senate Bill S2882A
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
Bill Amendments
2011-S2882 - Details
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.
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
2011-S2882A (ACTIVE) - Details
2011-S2882A (ACTIVE) - Sponsor Memo
BILL NUMBER:S2882A
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) precludes preemption of other state and local laws.
Section 2 provides for an immediate effective date.
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.
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