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Senate Bill S162

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2013-S162 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง854, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8154
2011-2012: S2882
2015-2016: S589
2017-2018: S2023, S7102
2019-2020: S3384
2021-2022: S2842

2013-S162 (ACTIVE) - Summary

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

2013-S162 (ACTIVE) - Sponsor Memo

2013-S162 (ACTIVE) - Bill Text download pdf 

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

                                   162

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 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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