Assembly Bill A9645

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9645
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A. TAPIA, ROZIC -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law and the  administrative  code  of  the
   city  of  New  York,  in  relation  to establishing a private right of
   action for tenants alleging a failure to keep and maintain  self-clos-
   ing doors

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 382 of the executive law is amended by adding a new
 subdivision 5 to read as follows:
   5. A. A LAWFUL OCCUPANT OF A DWELLING UNIT OR A GROUP  OF  SUCH  OCCU-
 PANTS  IN  A  BUILDING  MAY  BRING AN ACTION ALLEGING A VIOLATION OF THE
 UNIFORM CODE FOR FAILURE TO KEEP AND MAINTAIN SELF-CLOSING DOORS IN  ANY
 COURT  OF  COMPETENT  JURISDICTION. IF SUCH COURT FINDS THAT AN OWNER OF
 SUCH BUILDING IS IN VIOLATION OF SUCH UNIFORM CODE, SUCH COURT SHALL, IN
 ADDITION TO ANY OTHER RELIEF SUCH COURT DETERMINES TO BE APPROPRIATE:
   I. AWARD TO EACH SUCH OCCUPANT (A) COMPENSATORY DAMAGES AND,  IN  SUCH
 COURT'S  DISCRETION,  PUNITIVE  DAMAGES  OR  (B) AT THE ELECTION OF EACH
 OCCUPANT, DAMAGES OF ONE THOUSAND DOLLARS;
   II. AWARD TO SUCH  OCCUPANTS  REASONABLE  ATTORNEYS'  FEES  AND  COURT
 COSTS; AND
   III.  ISSUE AN ORDER TO SUCH OWNER TO REMEDY THE CONDITIONS RELATED TO
 SUCH SELF-CLOSING DOORS.
   B. SUCH OCCUPANT OR OCCUPANTS SHALL NOT BE RELIEVED OF THE  OBLIGATION
 TO PAY RENT FOR WHICH SUCH OCCUPANT OR OCCUPANTS ARE OTHERWISE LIABLE TO
 AN  OWNER.  ANY  MONETARY  RELIEF  AWARDED TO SUCH OCCUPANT OR OCCUPANTS
 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION  SHALL  BE  REDUCED  BY  ANY
 AMOUNT  OF  DELINQUENT RENT OR OTHER SUM FOR WHICH SUCH COURT FINDS SUCH
 OCCUPANT OR OCCUPANTS TO BE LIABLE TO SUCH OWNER.
   C. THIS SUBDIVISION DOES NOT LIMIT OR ABROGATE ANY CLAIM OR  CAUSE  OF
 ACTION  A  PERSON  HAS  UNDER  COMMON  LAW  OR BY OTHER LAW OR RULE. THE
 PROVISIONS OF THIS SUBDIVISION ARE IN ADDITION  TO  ANY  OTHER  REMEDIES
 THAT MAY BE PROVIDED FOR UNDER COMMON LAW OR BY OTHER LAW OR RULE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14578-01-2
              

 A. 9645                             2
 
   D.  NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED AS CREAT-
 ING ANY PRIVATE RIGHT OF ACTION AGAINST A LOCAL GOVERNMENT OR ANY AGENCY
 OR EMPLOYEE THEREOF.
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 27-2114-a to read as follows:
   § 27-2114-A PRIVATE RIGHT OF ACTION. A. A LAWFUL OCCUPANT OF A  DWELL-
 ING  UNIT OR A GROUP OF SUCH OCCUPANTS IN A BUILDING MAY BRING AN ACTION
 ALLEGING A VIOLATION OF THIS CODE FOR FAILURE TO KEEP AND MAINTAIN SELF-
 CLOSING DOORS IN ANY COURT OF  COMPETENT  JURISDICTION.  IF  SUCH  COURT
 FINDS  THAT AN OWNER OF SUCH BUILDING IS IN VIOLATION OF SUCH CODE, SUCH
 COURT SHALL, IN ADDITION TO ANY OTHER RELIEF SUCH COURT DETERMINES TO BE
 APPROPRIATE:
   1. AWARD TO EACH SUCH OCCUPANT (I) COMPENSATORY DAMAGES AND,  IN  SUCH
 COURT'S  DISCRETION,  PUNITIVE  DAMAGES  OR (II) AT THE ELECTION OF EACH
 OCCUPANT, DAMAGES OF ONE THOUSAND DOLLARS;
   2. AWARD TO SUCH OCCUPANTS REASONABLE ATTORNEYS' FEES AND COURT COSTS;
 AND
   3. ISSUE AN ORDER TO SUCH OWNER TO REMEDY THE  CONDITIONS  RELATED  TO
 SUCH SELF-CLOSING DOORS.
   B.  SUCH OCCUPANT OR OCCUPANTS SHALL NOT BE RELIEVED OF THE OBLIGATION
 TO PAY RENT FOR WHICH SUCH OCCUPANT OR OCCUPANTS ARE OTHERWISE LIABLE TO
 AN OWNER. ANY MONETARY RELIEF AWARDED  TO  SUCH  OCCUPANT  OR  OCCUPANTS
 PURSUANT TO SUBDIVISION A OF THIS SECTION SHALL BE REDUCED BY ANY AMOUNT
 OF DELINQUENT RENT OR OTHER SUM FOR WHICH SUCH COURT FINDS SUCH OCCUPANT
 OR OCCUPANTS TO BE LIABLE TO SUCH OWNER.
   C.  THIS  SECTION  DOES  NOT  LIMIT  OR ABROGATE ANY CLAIM OR CAUSE OF
 ACTION A PERSON HAS UNDER COMMON LAW  OR  BY  OTHER  LAW  OR  RULE.  THE
 PROVISIONS  OF  THIS  SECTION ARE IN ADDITION TO ANY OTHER REMEDIES THAT
 MAY BE PROVIDED FOR UNDER COMMON LAW OR BY OTHER LAW OR RULE.
   D. NOTHING CONTAINED IN THIS SECTION SHALL BE  CONSTRUED  AS  CREATING
 ANY  PRIVATE  RIGHT OF ACTION AGAINST THE CITY OR ANY AGENCY OR EMPLOYEE
 THEREOF.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.