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Assembly Bill A6967

2017-2018 Legislative Session

Requires landlords to mitigate damages if a tenant vacates a premises in violation of the terms of the lease

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-A6967 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §227-e, RP L
Versions Introduced in 2019-2020 Legislative Session:
A1973

2017-A6967 (ACTIVE) - Summary

Requires landlords to mitigate damages if a tenant vacates a premises in violation of the terms of the lease.

2017-A6967 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6967
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 28, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  SEPULVEDA,  COOK, HOOPER, VANEL,
   CAHILL, JAFFEE, GOTTFRIED, HARRIS, COLTON -- Multi-Sponsored by --  M.
   of  A.  D'URSO,  SIMON  --  read once and referred to the Committee on
   Judiciary
 
 AN ACT to amend the real property law, in relation  to  requiring  land-
   lords  to mitigate damages if a tenant vacates a premises in violation
   of the terms of the lease
 
   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
 227-e to read as follows:
   § 227-E. LANDLORD DUTY TO MITIGATE DAMAGES. IN  ANY  LEASE  OR  RENTAL
 AGREEMENT  COVERING PREMISES OCCUPIED FOR DWELLING PURPOSES, IF A TENANT
 VACATES A PREMISES IN VIOLATION OF THE TERMS OF THE LEASE, THE  LANDLORD
 SHALL,  IN GOOD FAITH, TAKE REASONABLE AND CUSTOMARY ACTIONS TO RENT THE
 PREMISES AT FAIR MARKET VALUE. IF THE LANDLORD  RENTS  THE  PREMISES  AT
 FAIR  MARKET VALUE, THE NEW TENANT'S LEASE SHALL, ONCE IN EFFECT, TERMI-
 NATE THE PREVIOUS TENANT'S LEASE AND MITIGATE DAMAGES OTHERWISE RECOVER-
 ABLE AGAINST THE PREVIOUS TENANT BECAUSE OF SUCH TENANT'S  VACATING  THE
 PREMISES.  THE  BURDEN OF PROOF SHALL BE ON THE PARTY SEEKING TO RECOVER
 DAMAGES. ANY PROVISION IN A LEASE THAT  EXEMPTS  A  LANDLORD'S  DUTY  TO
 MITIGATE  DAMAGES UNDER THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC
 POLICY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10688-01-7

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