A01287 Summary:

BILL NOA01287A
 
SAME ASSAME AS S03384-A
 
SPONSORNiou
 
COSPNSRRichardson, Kim, Englebright, Epstein, Frontus, Magnarelli, Reyes
 
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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A01287 Actions:

BILL NOA01287A
 
01/14/2019referred to housing
04/17/2019amend and recommit to housing
04/17/2019print number 1287a
01/08/2020referred to housing
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A01287 Committee Votes:

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A01287 Floor Votes:

There are no votes for this bill in this legislative session.
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A01287 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1287--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  NIOU, RICHARDSON, KIM, ENGLEBRIGHT, EPSTEIN,
          FRONTUS, MAGNARELLI, REYES -- read once and referred to the  Committee
          on Housing -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02245-06-9

        A. 1287--A                          2
 
     1  ful neglect shall not include  conditions  beyond  the  control  of  the
     2  person  or  entity  required to maintain the property, such as a natural
     3  disaster or an act of war or terrorism.
     4    4.    This  section  shall  not preempt, reduce or limit any rights or
     5  obligations imposed by any state or local laws with respect to  property
     6  maintenance and a locality's ability to enforce those laws or a tenant's
     7  right to be restored to the vacated premises.
     8    § 2. This act shall take effect immediately.
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