Bill Text: NY A09645 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 9645 (Prior Session Legislation)

Introduced

Bill Title: Relates to establishing a private right of action for tenants alleging a failure to keep and maintain self-closing doors; allows for a court to award compensatory damages, reasonable attorney's fees and court costs and issue an order to the owner of the building to remedy any issue with such doors.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-03-28 - referred to governmental operations [A09645 Detail]

Download: New_York-2021-A09645-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          9645

                   IN ASSEMBLY

                                     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:

     1    Section 1. Section 382 of the executive law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5. a. A lawful occupant of a dwelling unit or a group  of  such  occu-
     4  pants  in  a  building  may  bring an action alleging a violation of the
     5  uniform code for failure to keep and maintain self-closing doors in  any
     6  court  of  competent  jurisdiction. If such court finds that an owner of
     7  such building is in violation of such uniform code, such court shall, in
     8  addition to any other relief such court determines to be appropriate:
     9    i. award to each such occupant (A) compensatory damages and,  in  such
    10  court's  discretion,  punitive  damages  or  (B) at the election of each
    11  occupant, damages of one thousand dollars;
    12    ii. award to such  occupants  reasonable  attorneys'  fees  and  court
    13  costs; and
    14    iii.  issue an order to such owner to remedy the conditions related to
    15  such self-closing doors.
    16    b. Such occupant or occupants shall not be relieved of the  obligation
    17  to pay rent for which such occupant or occupants are otherwise liable to
    18  an  owner.  Any  monetary  relief  awarded to such occupant or occupants
    19  pursuant to paragraph a of this subdivision  shall  be  reduced  by  any
    20  amount  of  delinquent rent or other sum for which such court finds such
    21  occupant or occupants to be liable to such owner.
    22    c. This subdivision does not limit or abrogate any claim or  cause  of
    23  action  a  person  has  under  common  law  or by other law or rule. The
    24  provisions of this subdivision are in addition  to  any  other  remedies
    25  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

     1    d.  Nothing contained in this subdivision shall be construed as creat-
     2  ing any private right of action against a local government or any agency
     3  or employee thereof.
     4    §  2.  The  administrative  code of the city of New York is amended by
     5  adding a new section 27-2114-a to read as follows:
     6    § 27-2114-a Private right of action. a. A lawful occupant of a  dwell-
     7  ing  unit or a group of such occupants in a building may bring an action
     8  alleging a violation of this code for failure to keep and maintain self-
     9  closing doors in any court of  competent  jurisdiction.  If  such  court
    10  finds  that an owner of such building is in violation of such code, such
    11  court shall, in addition to any other relief such court determines to be
    12  appropriate:
    13    1. award to each such occupant (i) compensatory damages and,  in  such
    14  court's  discretion,  punitive  damages  or (ii) at the election of each
    15  occupant, damages of one thousand dollars;
    16    2. award to such occupants reasonable attorneys' fees and court costs;
    17  and
    18    3. issue an order to such owner to remedy the  conditions  related  to
    19  such self-closing doors.
    20    b.  Such occupant or occupants shall not be relieved of the obligation
    21  to pay rent for which such occupant or occupants are otherwise liable to
    22  an owner. Any monetary relief awarded  to  such  occupant  or  occupants
    23  pursuant to subdivision a of this section shall be reduced by any amount
    24  of delinquent rent or other sum for which such court finds such occupant
    25  or occupants to be liable to such owner.
    26    c.  This  section  does  not  limit  or abrogate any claim or cause of
    27  action a person has under common law  or  by  other  law  or  rule.  The
    28  provisions  of  this  section are in addition to any other remedies that
    29  may be provided for under common law or by other law or rule.
    30    d. Nothing contained in this section shall be  construed  as  creating
    31  any  private  right of action against the city or any agency or employee
    32  thereof.
    33    § 3. This act shall take effect on the ninetieth day  after  it  shall
    34  have become a law.