Assembly Bill A7300

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A7300 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §854, RPAP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7392
2019-2020: A1287
2021-2022: A2434

2023-A7300 (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.

2023-A7300 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7300
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced by M. of A. ARDILA -- read once and referred to the Committee
   on Housing
 
 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.
                                                            LBD09664-01-3
 A. 7300                             2

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