S T A T E O F N E W Y O R K
________________________________________________________________________
6842
2013-2014 Regular Sessions
I N A S S E M B L Y
April 19, 2013
___________
Introduced by M. of A. BOYLAND -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the real property law, in relation to enforcement of the
warranty of habitability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and purpose. The legislature hereby
finds that the rental housing market in the state of New York remains in
a state of crisis, due not only to severe shortages in the stock of safe
and affordable housing but also to the state of disrepair and blight
that afflicts rental housing opportunities available to people of lower
incomes throughout the state. The legislature further finds that the
warranty of habitability set forth in section 235-b of the real property
law represents a critical safeguard of the health and safety of tenants
across the state of New York by requiring that all rental housing accom-
modations be maintained in a safe and sanitary condition for the
tenants; that enforcement efforts by the several agencies of the city of
New York and the state of New York, although often successful, are not
always sufficient to deter such breaches of the warranty by such owners
and landlords, so that in spite of the protections provided by law,
every year many tenants in the state of New York must endure housing
conditions that fail to meet the basic standards of safety required by
law. In light of the foregoing, the legislature hereby finds that the
state of New York must adopt additional measures to deter the most egre-
gious breaches of the warranty of habitability set forth in section
235-b of the real property law, and that the codification of law award-
ing punitive damages to tenants who suffer intentional breaches of the
warranty is an appropriate method to realize such a purpose. The legis-
lature therefore enacts the following law granting the courts discretion
to award punitive damages in cases where the warranty of habitability
set forth in section 235-b of the real property law is breached inten-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10352-01-3
A. 6842 2
tionally or with conscious disregard to severe risks to the life,
health, or safety of the tenant.
S 2. Section 235-b of the real property law is amended by adding a new
subdivision 4 to read as follows:
4. THE COURT MAY AWARD PUNITIVE DAMAGES TO THE TENANT UPON A FINDING
THAT THE LANDLORD'S BREACH OF THE WARRANTY SET FORTH IN THIS SECTION WAS
INTENTIONAL AND MALICIOUS OR DEMONSTRATES A CONSCIOUS DISREGARD OF
SEVERE RISKS TO THE LIFE, HEALTH, OR SAFETY OF THE TENANT.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.