Bill Text: NY A04315 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates tenants' right to recover certain attorneys' fees incurred as a result of service of notice based upon false facts or allegations.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A04315 Detail]

Download: New_York-2015-A04315-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4315
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2015
                                      ___________
       Introduced  by M. of A. SEPULVEDA, MOSLEY, GLICK, ROBINSON, PERRY, STECK
         -- Multi-Sponsored by -- M. of A. FAHY, GOTTFRIED, RIVERA -- read once
         and referred to the Committee on Judiciary
       AN ACT to amend the real property law, in relation to tenants' right  to
         recover  attorneys'  fees  incurred  as  a result of service of notice
         based upon false facts or allegations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  real property law is amended by adding a new section
    2  234-a to read as follows:
    3    S 234-A. TENANTS' RIGHT TO RECOVER CERTAIN  ATTORNEYS'  FEES.    THERE
    4  SHALL  BE  IMPLIED  IN A LEASE OF RESIDENTIAL PROPERTY A COVENANT BY THE
    5  LANDLORD TO PAY TO THE TENANT  THE  REASONABLE  ATTORNEYS'  FEES  AND/OR
    6  EXPENSES  INCURRED  BY  THE TENANT AS THE RESULT OF THE SERVICE BY OR ON
    7  BEHALF OF THE LANDLORD OF A NOTICE TO CURE A VIOLATION OF THE  LEASE,  A
    8  NOTICE  OF  TERMINATION OF THE LEASE OR A NOTICE OF REFUSAL TO RENEW THE
    9  LEASE WHERE SUCH NOTICE CONTAINS ANY FACT  OR  ALLEGATION  THAT  IS  NOT
   10  TRUE. WHERE SUCH NOTICE IS KNOWINGLY SERVED CONTAINING ANY FACT OR ALLE-
   11  GATION THAT IS NOT TRUE, THE LANDLORD SHALL BE LIABLE TO SUCH TENANT FOR
   12  THREE  TIMES  THE  MONTHLY  RENT CHARGED SUCH TENANT, OR THREE TIMES THE
   13  DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER  IS  GREATER,  PLUS
   14  REASONABLE ATTORNEYS' FEES AND COSTS AS DETERMINED BY THE COURT.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06208-01-5