Senate Bill S5171

2019-2020 Legislative Session

Enhances protections for homeowners who have paid contractors, subcontractors, and material suppliers for home improvements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

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2019-S5171 (ACTIVE) - Details

See Assembly Version of this Bill:
A253
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§770, 772, 773 & 774, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A599
2011-2012: A105
2013-2014: A1081
2015-2016: A1499
2017-2018: S5583, A20
2021-2022: S3928, A1104
2023-2024: S6511

2019-S5171 (ACTIVE) - Summary

Enhances protections for homeowners who have paid contractors, subcontractors, and material suppliers for home improvements; enhances penalties, civil and criminal for violations of the consumer protection provisions of the Home Improvement Contracts article of the general business law; authorizes the attorney general to prosecute crimes under that article.

2019-S5171 (ACTIVE) - Sponsor Memo

2019-S5171 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5171
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to  home  improve-
   ment contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 7 of section 770 of the general  business  law,
 as  added  by  chapter  32  of  the  laws of 1989, is amended to read as
 follows:
   7. "Custom home" means a new single family residence  OR  A  RESIDENCE
 DESIGNED SOLELY FOR OCCUPANCY OF NOT MORE THAN TWO FAMILIES LIVING SEPA-
 RATELY,  to  be constructed on premises owned of record by the purchaser
 at the time of contract[,]; provided that such residence is intended for
 residential occupancy by such purchaser [and the  contract  of  sale  is
 entered  into on or after the first day of March, nineteen hundred nine-
 ty].
   § 2. Subdivision 1 of section 772 of  the  general  business  law,  as
 added by chapter 421 of the laws of 1987, is amended to read as follows:
   1.  Any  owner  who  is induced to contract for a home improvement, in
 reliance on false or fraudulent written representations or false written
 statements, may sue and recover from such contractor a penalty of  [five
 hundred]  UP TO TWO THOUSAND dollars plus reasonable attorney's fees, in
 addition to any damages sustained by the owner by reason of such  state-
 ments  or  representations.  ANY OWNER WHO IS AGGRIEVED BY A SUBSTANTIAL
 VIOLATION, AS DEFINED IN SECTION SEVEN  HUNDRED  SEVENTY-THREE  OF  THIS
 ARTICLE,  MAY  SUE  AND  RECOVER FROM SUCH CONTRACTOR A PENALTY OF UP TO
 FIVE THOUSAND DOLLARS PLUS REASONABLE ATTORNEY'S FEES,  IN  ADDITION  TO
 ANY  DAMAGES  SUSTAINED  BY  THE  OWNER  BY  REASON  OF SUCH SUBSTANTIAL
 VIOLATION. In addition, if the court finds that the suit  by  the  owner
 was  without  arguable  legal  merit, it may award reasonable attorney's
 fees to the contractor.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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