Bill Text: NY S02023 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 2023 (Prior Session Legislation)

NY State Legislature page for S02023

Introduced

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) 2017-01-11 - REFERRED TO JUDICIARY [S02023 Detail]

Download: New_York-2017-S02023-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          2023
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced by Sens. SQUADRON, HOYLMAN -- 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    § 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    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02368-01-7