|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S516
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S516 - Details
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
BILL NUMBER:S516 TITLE OF BILL: 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 PURPOSE: This bill will serve as a strong disincentive for landlords to serve legal notices on tenants that are not factually substantiated. SUMMARY OF PROVISIONS: Section One amends the Real Property Law by adding a new section 234-a stating that there should be implied in the lease of residential property a covenant by the landlord to pay to the tenant the reasonable attorney's 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. If the landlord knowing serves notice to a tenant containing facts or
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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