S T A T E O F N E W Y O R K
________________________________________________________________________
1287--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. NIOU, RICHARDSON, KIM, ENGLEBRIGHT, EPSTEIN,
FRONTUS, MAGNARELLI, REYES -- read once and referred to the Committee
on Housing -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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. THE PERSON OR ENTITY REQUIRED TO MAIN-
TAIN THE PROPERTY SHALL RELOCATE THE TENANT TO A COMPARABLE HOUSING
ACCOMMODATION IN A CLOSELY PROXIMATE AREA AND SHALL BE RESPONSIBLE FOR
ANY MOVING COSTS ASSOCIATED WITH SUCH RELOCATION.
2. DURING THE PERIOD THAT THE RESIDENTIAL TENANT IS VACATED FROM SUCH
RESIDENTIAL REAL PROPERTY, THE PERSON OR ENTITY REQUIRED TO MAINTAIN THE
PROPERTY SHALL PROVIDE FOR THE STORAGE OF SUCH TENANT'S HOUSEHOLD GOODS
AND PERSONAL PROPERTY IN A CLOSELY PROXIMATE AREA UNTIL THE TENANT
RETURNS TO SUCH RESIDENTIAL REAL PROPERTY AND SHALL BE RESPONSIBLE FOR
ANY COSTS ASSOCIATED WITH THE TRANSPORTATION OF SUCH GOODS AND PROPERTY
TO AND FROM THE STORAGE UNIT.
3. 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02245-06-9
A. 1287--A 2
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.
4. 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.