Assembly Bill A5546A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5546--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by M. of A. WALKER, VANEL, GOTTFRIED, COLTON, COOK -- Multi-
   Sponsored by -- M. of A. SIMON  --  read  once  and  referred  to  the
   Committee  on  Housing  --  recommitted to the Committee on Housing in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the real property law, in relation to enforcement of the
   warranty of habitability
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings and purpose. The legislature hereby
 finds that the rental housing market in the state of New York remains in
 a state of crisis, due not only to severe shortages in the stock of safe
 and affordable housing but also to the state  of  disrepair  and  blight
 that  afflicts rental housing opportunities available to people of lower
 incomes throughout the state. The legislature  further  finds  that  the
 warranty of habitability set forth in section 235-b of the real property
 law  represents a critical safeguard of the health and safety of tenants
 across the state of New York by requiring that all rental housing accom-
 modations be maintained  in  a  safe  and  sanitary  condition  for  the
 tenants; that enforcement efforts by the several agencies of the city of
 New  York  and the state of New York, although often successful, are not
 always sufficient to deter such breaches of the warranty by such  owners
 and  landlords,  so  that  in  spite of the protections provided by law,
 every year many tenants in the state of New  York  must  endure  housing
 conditions  that  fail to meet the basic standards of safety required by
 law. In light of the foregoing, the legislature hereby  finds  that  the
 state of New York must adopt additional measures to deter the most egre-
 gious  breaches  of  the  warranty  of habitability set forth in section
 235-b of the real property law, and that the codification of law  award-
 ing  punitive  damages to tenants who suffer intentional breaches of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07765-02-2
              

 A. 5546--A                          2
 
 warranty is an appropriate method to realize such a purpose. The  legis-
 lature therefore enacts the following law granting the courts discretion
 to  award  punitive  damages in cases where the warranty of habitability
 set  forth  in section 235-b of the real property law is breached inten-
 tionally or with conscious  disregard  to  severe  risks  to  the  life,
 health, or safety of the tenant.
   § 2. Section 235-b of the real property law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  COURT MAY AWARD PUNITIVE DAMAGES TO THE TENANT UPON A FINDING
 THAT THE LANDLORD'S BREACH OF THE WARRANTY SET FORTH IN THIS SECTION WAS
 INTENTIONAL AND MALICIOUS  OR  DEMONSTRATES  A  CONSCIOUS  DISREGARD  OF
 SEVERE  RISKS  TO  THE  LIFE, HEALTH, OR SAFETY OF THE TENANT.  PUNITIVE
 DAMAGES UNDER THIS SECTION SHALL NOT BE AWARDED TO TENANTS OF  ANY  SUCH
 MULTIPLE  DWELLING  OWNED  OR  OPERATED BY A MUNICIPAL HOUSING AUTHORITY
 ORGANIZED PURSUANT TO ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.