Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to judiciary |
Apr 18, 2019 |
print number 3384a |
Apr 18, 2019 |
amend and recommit to judiciary |
Feb 06, 2019 |
referred to judiciary |
Senate Bill S3384A
2019-2020 Legislative Session
Sponsored By
(D) 27th Senate District
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
Actions
Bill Amendments
2019-S3384 - Details
- See Assembly Version of this Bill:
- A1287
- 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
2017-2018: S2023, S7102, A7392
2021-2022: S2842, A2434
2023-2024: A7300
2019-S3384 - Sponsor Memo
BILL NUMBER: S3384 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to an action for willful neglect of residential real property PURPOSE: To establish a cause of action that will allow tenants to recover when property owners willfully neglect their properties and allow them to fall into disrepair. SUMMARY OF PROVISIONS: Section 1: Subdivision (1) establishes a claim of willful neglect of real property by the property owner. The tenant is provided with the choice of two remedies, treble damages or relocation to a comparable location.
2019-S3384 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3384 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 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. LBD02245-01-9
2019-S3384A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1287
- 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
2017-2018: S2023, S7102, A7392
2021-2022: S2842, A2434
2023-2024: A7300
2019-S3384A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3384A SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to an action for willful neglect of resi- dential real property PURPOSE: To establish a cause of action that will allow tenants to recover when property owners willfully neglect their properties and allow them to fall into disrepair. SUMMARY OF PROVISIONS: Section 1: Subdivision (1) establishes a claim of willful neglect of real property by the property owner. The tenant is provided with the choice of two remedies, treble damages or relocation to a comparable location. Subdivision (2) defines the conditions that will result in a finding of
2019-S3384A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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.
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