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Assembly Bill A1973A

2019-2020 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 - Stricken

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A1973 - Details

See Senate Version of this Bill:
S2949
Law Section:
Real Property Law
Laws Affected:
Add §227-e, RP L
Versions Introduced in 2017-2018 Legislative Session:
A6967

2019-A1973 - Summary

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

2019-A1973 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1973
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by  M.  of  A. ZEBROWSKI, COOK, VANEL, CAHILL, JAFFEE, GOTT-
   FRIED, COLTON, NIOU -- 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.
                                                            LBD06169-01-9

co-Sponsors

multi-Sponsors

2019-A1973A (ACTIVE) - Details

See Senate Version of this Bill:
S2949
Law Section:
Real Property Law
Laws Affected:
Add §227-e, RP L
Versions Introduced in 2017-2018 Legislative Session:
A6967

2019-A1973A (ACTIVE) - Summary

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

2019-A1973A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1973--A
                                                          Cal. No. 26
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by  M.  of  A. ZEBROWSKI, COOK, VANEL, CAHILL, JAFFEE, GOTT-
   FRIED, COLTON, NIOU, AUBRY -- Multi-Sponsored by -- M. of  A.  D'URSO,
   SIMON  --  read  once  and  referred  to the Committee on Judiciary --
   reported from committee, advanced to  a  third  reading,  amended  and
   ordered reprinted, retaining its place on the order of third reading
 
 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, EXCLUDING ANY REAL ESTATE PURCHASE CONTRACT DEFINED IN  PARA-
 GRAPHS  (A),  (C)  AND  (D)  OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED
 SIXTY-ONE OF THIS  CHAPTER,  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, TERMINATE THE PREVIOUS TENANT'S LEASE  AND  MITI-
 GATE  DAMAGES  OTHERWISE RECOVERABLE 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.
                                                            LBD06169-06-9

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