S T A T E   O F   N E W   Y O R K
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                                  3384--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  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.
              

                                                            LBD02245-07-9

 S. 3384--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.