Establishes failure to pay association fees and carrying charges as grounds for eviction and for requiring attorneys fees and late charges to be assessed when a tenant fails to make arrears payments.
STATE OF NEW YORK
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4805
2009-2010 Regular Sessions
IN ASSEMBLY
February 6, 2009
___________
Introduced by M. of A. PHEFFER -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to establishing failure to pay association fees and carrying
charges as grounds for eviction and requiring attorneys' fees and late
charges to be assessed when a tenant fails to make arrears payments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 711 of the real property actions
2 and proceedings law, as added by chapter 312 of the laws of 1962, is
3 amended to read as follows:
4 2. The tenant has defaulted in the payment of rent, association fees
5 or carrying charges pursuant to the agreement under which the premises
6 are held, and a demand of the rent, association fees or carrying charges
7 has been made, or at least three days' notice in writing requiring, in
8 the alternative, the payment of the rent, association fees or carrying
9 charges or the possession of the premises, has been served upon him or
10 her as prescribed in section [735] seven hundred thirty-five of this
11 article. The landlord may waive his or her right to proceed upon this
12 ground only by an express consent in writing to permit the tenant to
13 continue in possession, which consent shall be revocable at will, in
14 which event the landlord shall be deemed to have waived his or her right
15 to summary dispossess for nonpayment of rent, association fees or carry-
16 ing charges accruing during the time said consent remains unrevoked.
17 Any person succeeding to the landlord's interest in the premises may
18 proceed under this subdivision for rent, association fees or carrying
19 charges due his or her predecessor in interest if he or she has a right
20 thereto. Where a tenant dies during the term of the lease and rent,
21 association fees or carrying charges due [has] have not been paid and no
22 representative or person has taken possession of the premises and no
23 administrator or executor has been appointed, the proceeding may be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08617-01-9
A. 4805 2
1 commenced after three months from the date of death of the tenant by
2 joining the surviving spouse or if there is none, then one of the
3 surviving issue or if there is none, then any one of the distributees.
4 § 2. The real property actions and proceedings law is amended by
5 adding a new section 711-a to read as follows:
6 § 711-a. Landlord's right to recover attorneys' fees and late charges
7 in actions or summary proceedings arising out of a tenant's default in
8 the payment of rent, association fees or carrying charges. Whenever a
9 lease of residential property shall provide that in any action or summa-
10 ry proceeding the landlord may recover attorneys' fees and/or expenses
11 incurred as the result of the failure of the tenant to pay rent, associ-
12 ation fees or carrying charges contained in such lease, or such amounts
13 paid by the landlord therefor shall be paid by the tenant as additional
14 rent, there shall be implied an agreement that such fees and expenses
15 may be recovered as provided by law in an action commenced against the
16 tenant. In any action brought under this section, the court may award
17 reasonable attorneys' fees and expenses to the landlord. Any waiver of
18 this section shall be void as against public policy.
19 § 3. This act shall take effect immediately.
