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S02842 Summary:

BILL NOS02842
 
SAME ASSAME AS A02434
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Add §854, RPAP L
 
Relates to an action for willful neglect of residential real property and treble damages; requires landlords to finance the tenant's temporary relocation.
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S02842 Actions:

BILL NOS02842
 
01/26/2021REFERRED TO JUDICIARY
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S02842 Memo:

Memo not available
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S02842 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2842
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    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.
                                                                   LBD04650-01-1

        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.
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