Senate Bill S2842

2021-2022 Legislative Session

Relates to an action for willful neglect of residential real property and treble damages

download bill text pdf

Sponsored By

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

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2021-S2842 (ACTIVE) - Details

See Assembly Version of this Bill:
A2434
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
2019-2020: S3384, A1287
2023-2024: A7300

2021-S2842 (ACTIVE) - Summary

Relates to an action for willful neglect of residential real property and treble damages; requires landlords to finance the tenant's temporary relocation.

2021-S2842 (ACTIVE) - Sponsor Memo

2021-S2842 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2842
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 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.  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-
 FUL  NEGLECT  SHALL  NOT  INCLUDE  CONDITIONS  BEYOND THE CONTROL OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04650-01-1

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