Bill Text: NY S02313 | 2017-2018 | 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 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S02313 Detail]

Download: New_York-2017-S02313-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2313
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed 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    §  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    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06933-01-7