Bill Text: NY A02883 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-01-03 - ordered to third reading cal.83 [A02883 Detail]

Download: New_York-2023-A02883-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2883

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 31, 2023
                                       ___________

        Introduced  by  M. of A. EPSTEIN, SANTABARBARA, JACOBSON, HUNTER, SIMON,
          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:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 403-a to read as follows:
     3    §  403-a. Certificate of merit in proceedings to recover possession of
     4  real property. (a) In any proceeding under article  seven  of  the  real
     5  property  actions and proceedings law, the petition shall be accompanied
     6  by a certificate, signed by the attorney for petitioner, certifying that
     7  the attorney has reviewed the facts of  the  case  and  that,  based  on
     8  consultation  with  representatives  of  petitioner  identified  in  the
     9  certificate and the attorney's review of pertinent documents,  including
    10  the lease, rental records in an action based on non-payment of rent, and
    11  any  documents  that  establish any grounds for eviction, to the best of
    12  such attorney's knowledge, information and belief there is a  reasonable
    13  basis for the commencement of such action. If not attached to the notice
    14  of  petition  and  petition,  a copy of the lease, if any, and any other
    15  document relevant to the claims of petitioner, shall be attached to  the
    16  certificate.
    17    (b) Where a certificate is required pursuant to this section, a single
    18  certificate  shall  be  filed  for  each  action  even  if more than one
    19  respondent has been named in the petition or is subsequently named.
    20    (c) Where the documents required under subdivision (a) of this section
    21  are not attached to the notice  of  petition  and  petition  or  to  the
    22  certificate, the attorney for the petitioner shall attach to the certif-
    23  icate  supplemental  affidavits  by  such  attorney or representative of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00049-02-3
        A. 2883                             2

     1  petitioner  attesting  that  such  documents   are   lost   whether   by
     2  destruction,  theft  or  otherwise.    Nothing in this subdivision shall
     3  replace or abrogate petitioner's obligations as set  forth  in  the  New
     4  York uniform commercial code.
     5    (d)  If  a  petitioner willfully fails to provide copies of the papers
     6  and documents required by subdivision (a) of this section and the  court
     7  finds,  upon  the  motion of any party or on its own motion on notice to
     8  the parties, that such papers and documents ought to have been provided,
     9  the court may dismiss the petition or issue an order with regard to such
    10  failure as is just including but not limited to  any  costs,  attorneys'
    11  fees  and other fees, relating to the petition. Any such dismissal shall
    12  be without prejudice and shall not be on the merits.
    13    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    14  proceedings commenced on or after such date.