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Senate Bill S2313

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S2313 (ACTIVE) - Details

Current Committee:
Senate Judiciary
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: S516
2015-2016: S3750

2017-S2313 (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-S2313 (ACTIVE) - Sponsor Memo

2017-S2313 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2313
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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:
   §  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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