S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3300
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN, SANTABARBARA, JACOBSON, HUNTER, BARRON,
   SIMON, GOTTFRIED, L. ROSENTHAL, SEAWRIGHT,  MAGNARELLI,  GLICK,  COOK,
   REYES -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing  a  certificate  of  merit in proceedings to recover possession of
   real property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 403-a to read as follows:
   §  403-A. CERTIFICATE OF MERIT IN PROCEEDINGS TO RECOVER POSSESSION OF
 REAL PROPERTY. (A) IN ANY PROCEEDING UNDER ARTICLE  SEVEN  OF  THE  REAL
 PROPERTY  ACTIONS AND PROCEEDINGS LAW, THE PETITION SHALL BE ACCOMPANIED
 BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR PETITIONER, CERTIFYING THAT
 THE ATTORNEY HAS REVIEWED THE FACTS OF  THE  CASE  AND  THAT,  BASED  ON
 CONSULTATION  WITH  REPRESENTATIVES  OF  PETITIONER  IDENTIFIED  IN  THE
 CERTIFICATE AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS,  INCLUDING
 THE LEASE, RENTAL RECORDS IN AN ACTION BASED ON NON-PAYMENT OF RENT, AND
 ANY  DOCUMENTS  THAT  ESTABLISH ANY GROUNDS FOR EVICTION, TO THE BEST OF
 SUCH ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A  REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION. IF NOT ATTACHED TO THE NOTICE
 OF  PETITION  AND  PETITION,  A COPY OF THE LEASE, IF ANY, AND ANY OTHER
 DOCUMENT RELEVANT TO THE CLAIMS  OF  PETITIONER,  AND  WHICH  PETITIONER
 INTENDS  TO  USE  AS EVIDENCE AT TRIAL, SHALL BE ATTACHED TO THE CERTIF-
 ICATE.
   (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
 CERTIFICATE SHALL BE FILED  FOR  EACH  ACTION  EVEN  IF  MORE  THAN  ONE
 RESPONDENT HAS BEEN NAMED IN THE PETITION OR IS SUBSEQUENTLY NAMED.
   (C) WHERE THE DOCUMENTS REQUIRED UNDER SUBDIVISION (A) OF THIS SECTION
 ARE  NOT  ATTACHED  TO  THE  NOTICE  OF  PETITION AND PETITION OR TO THE
 CERTIFICATE, THE ATTORNEY FOR THE PETITIONER SHALL ATTACH TO THE CERTIF-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01941-01-1

 A. 3300                             2
 
 ICATE SUPPLEMENTAL AFFIDAVITS BY  SUCH  ATTORNEY  OR  REPRESENTATIVE  OF
 PETITIONER   ATTESTING   THAT   SUCH   DOCUMENTS  ARE  LOST  WHETHER  BY
 DESTRUCTION, THEFT OR OTHERWISE.   NOTHING  IN  THIS  SUBDIVISION  SHALL
 REPLACE  OR  ABROGATE  PETITIONER'S  OBLIGATIONS AS SET FORTH IN THE NEW
 YORK UNIFORM COMMERCIAL CODE.
   (D) IF A PETITIONER WILLFULLY FAILS TO PROVIDE COPIES  OF  THE  PAPERS
 AND  DOCUMENTS REQUIRED BY SUBDIVISION (A) OF THIS SECTION AND THE COURT
 FINDS, UPON THE MOTION OF ANY PARTY OR ON ITS OWN MOTION  ON  NOTICE  TO
 THE PARTIES, THAT SUCH PAPERS AND DOCUMENTS OUGHT TO HAVE BEEN PROVIDED,
 THE COURT MAY DISMISS THE PETITION OR ISSUE AN ORDER WITH REGARD TO SUCH
 FAILURE  AS  IS  JUST INCLUDING BUT NOT LIMITED TO ANY COSTS, ATTORNEYS'
 FEES AND OTHER FEES, RELATING TO THE PETITION. ANY SUCH DISMISSAL  SHALL
 BE WITHOUT PREJUDICE AND SHALL NOT BE ON THE MERITS.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 proceedings commenced on or after such date.