Assembly Bill A2633

2017-2018 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 - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A2633 (ACTIVE) - Details

See Senate Version of this Bill:
S2313
Law Section:
Real Property Law
Laws Affected:
Add §234-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5367
2011-2012: S1306
2013-2014: A6996, S516
2015-2016: A4315, S3750

2017-A2633 (ACTIVE) - Summary

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

2017-A2633 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2633
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. SEPULVEDA, MOSLEY, GLICK, PERRY, STECK -- Multi-
   Sponsored by -- M. of A. FAHY, GOTTFRIED,  RIVERA  --  read  once  and
   referred 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:
   §  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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06933-01-7



              

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