Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.
STATE OF NEW YORK
________________________________________________________________________
2231
2025-2026 Regular Sessions
IN SENATE
January 16, 2025
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to requir-
ing a certificate of merit in proceedings to recover possession of
real property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 403-a to read as follows:
3 § 403-a. Certificate of merit in proceedings to recover possession of
4 real property. (a) In any proceeding under article seven of the real
5 property actions and proceedings law, the petition shall be accompanied
6 by a certificate, signed by the attorney for petitioner, certifying that
7 the attorney has reviewed the facts of the case and that, based on
8 consultation with representatives of petitioner identified in the
9 certificate and the attorney's review of pertinent documents, including
10 the lease, rental records in an action based on non-payment of rent, and
11 any documents that establish any grounds for eviction, to the best of
12 such attorney's knowledge, information and belief there is a reasonable
13 basis for the commencement of such action. If not attached to the notice
14 of petition and petition, a copy of the lease, if any, and any other
15 document relevant to the claims of petitioner, shall be attached to the
16 certificate.
17 (b) Where a certificate is required pursuant to this section, a single
18 certificate shall be filed for each action even if more than one
19 respondent has been named in the petition or is subsequently named.
20 (c) Where the documents required under subdivision (a) of this section
21 are not attached to the notice of petition and petition or to the
22 certificate, the attorney for the petitioner shall attach to the certif-
23 icate supplemental affidavits by such attorney or representative of
24 petitioner attesting that such documents are lost whether by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06091-01-5
S. 2231 2
1 destruction, theft or otherwise. Nothing in this subdivision shall
2 replace or abrogate petitioner's obligations as set forth in the New
3 York uniform commercial code.
4 (d) If a petitioner willfully fails to provide copies of the papers
5 and documents required by subdivision (a) of this section and the court
6 finds, upon the motion of any party or on its own motion on notice to
7 the parties, that such papers and documents ought to have been provided,
8 the court may dismiss the petition or issue an order with regard to such
9 failure as is just including but not limited to any costs, attorneys'
10 fees and other fees, relating to the petition. Any such dismissal shall
11 be without prejudice and shall not be on the merits.
12 § 2. This act shall take effect immediately and shall apply to
13 proceedings commenced on or after such date.
