STATE OF NEW YORK
2021-2022 Regular Sessions
January 26, 2021
Introduced by Sen. KAVANAGH -- 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. The person or entity required to main-
9 tain the property shall relocate the tenant to a comparable housing
10 accommodation in a closely proximate area and shall be responsible for
11 any moving costs associated with such relocation.
12 2. During the period that the residential tenant is vacated from such
13 residential real property, the person or entity required to maintain the
14 property shall provide for the storage of such tenant's household goods
15 and personal property in a closely proximate area until the tenant
16 returns to such residential real property and shall be responsible for
17 any costs associated with the transportation of such goods and property
18 to and from the storage unit.
19 3. Willful neglect shall include improper maintenance or lack of main-
20 tenance resulting in substantial deterioration of the property such as
21 to render it uninhabitable. Willful neglect shall be considered whenever
22 there has been a vacate order or order for the demolition of the proper-
23 ty issued by an agency or official of state or local government. Will-
24 ful neglect shall not include conditions beyond the control of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 2842 2
1 person or entity required to maintain the property, such as a natural
2 disaster or an act of war or terrorism.
3 4. This section shall not preempt, reduce or limit any rights or
4 obligations imposed by any state or local laws with respect to property
5 maintenance and a locality's ability to enforce those laws or a tenant's
6 right to be restored to the vacated premises.
7 § 2. This act shall take effect immediately.