Senate Bill S2023

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • 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-S2023 (ACTIVE) - Details

See other versions of this Bill:
S7102 ,
A7392 ,
Current Committee:
Senate Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §854, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8154
2011-2012: S2882
2013-2014: S162
2015-2016: S589
2019-2020: S3384
2021-2022: S2842

2017-S2023 (ACTIVE) - Summary

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

2017-S2023 (ACTIVE) - Sponsor Memo

2017-S2023 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2023
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced by Sens. SQUADRON, HOYLMAN -- 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:
   § 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02368-01-7

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