senate Bill S516

2013-2014 Legislative Session

Creates tenants' right to recover certain attorneys' fees incurred as a result of service of notice based upon false facts or allegations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

Co-Sponsors

S516 - Details

See Assembly Version of this Bill:
A6996
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Add ยง234-a, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1306
2009-2010: S5367

S516 - Summary

Creates tenants' right to recover certain attorneys' fees incurred as a result of service of notice based upon false facts or allegations.

S516 - Sponsor Memo

S516 - Bill Text download pdf

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

                                   516

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 TO SUCH TENANT FOR
THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT,  OR  THREE  TIMES  THE
DAMAGES,  IF  ANY,  SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS
REASONABLE ATTORNEYS' FEES AND COSTS AS DETERMINED BY THE COURT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02541-01-3

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