Bill Text: NY S00589 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to an action for willful neglect of residential real property and treble damages.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S00589 Detail]

Download: New_York-2015-S00589-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          589
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sen. SQUADRON -- 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:
    1    Section 1. The real property actions and proceedings law is amended by
    2  adding a new section 854 to read as follows:
    3    S 854. ACTION FOR WILLFUL NEGLECT OF RESIDENTIAL REAL PROPERTY; TREBLE
    4  DAMAGES. 1. IF A RESIDENTIAL TENANT IS FORCED TO VACATE RESIDENTIAL REAL
    5  PROPERTY BECAUSE OF WILLFUL NEGLECT OF SUCH PROPERTY BY  THE  PERSON  OR
    6  ENTITY  REQUIRED  BY STATE OR LOCAL LAW TO MAINTAIN SUCH PROPERTY, HE OR
    7  SHE IS ENTITLED TO RECOVER TREBLE DAMAGES IN AN ACTION  OR  COUNTERCLAIM
    8  AGAINST  SUCH  PERSON  OR  ENTITY.  IN  LIEU  OF  TREBLE DAMAGES, AT THE
    9  TENANT'S OPTION, THE PERSON OR ENTITY REQUIRED TO MAINTAIN THE  PROPERTY
   10  MUST  RELOCATE  THE  TENANT  TO  A COMPARABLE HOUSING ACCOMMODATION IN A
   11  CLOSELY PROXIMATE AREA THAT IS THE SAME OR LOWER RENT.
   12    2. WILLFUL NEGLECT SHALL INCLUDE IMPROPER MAINTENANCE OR LACK OF MAIN-
   13  TENANCE RESULTING IN SUBSTANTIAL DETERIORATION OF THE PROPERTY  SUCH  AS
   14  TO RENDER IT UNINHABITABLE. WILLFUL NEGLECT SHALL BE CONSIDERED WHENEVER
   15  THERE HAS BEEN A VACATE ORDER OR ORDER FOR THE DEMOLITION OF THE PROPER-
   16  TY  ISSUED BY AN AGENCY OR OFFICIAL OF STATE OR LOCAL GOVERNMENT.  WILL-
   17  FUL NEGLECT SHALL NOT INCLUDE  CONDITIONS  BEYOND  THE  CONTROL  OF  THE
   18  PERSON  OR  ENTITY  REQUIRED TO MAINTAIN THE PROPERTY, SUCH AS A NATURAL
   19  DISASTER OR AN ACT OF WAR OR TERRORISM.
   20    3.  THIS SECTION SHALL NOT PREEMPT, REDUCE  OR  LIMIT  ANY  RIGHTS  OR
   21  OBLIGATIONS  IMPOSED BY ANY STATE OR LOCAL LAWS WITH RESPECT TO PROPERTY
   22  MAINTENANCE AND A LOCALITY'S ABILITY TO ENFORCE THOSE LAWS OR A TENANT'S
   23  RIGHT TO BE RESTORED TO THE VACATED PREMISES.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01236-01-5