S02949 Summary:

BILL NOS02949A
 
SAME ASNo Same As
 
SPONSORSTAVISKY
 
COSPNSRSALAZAR, BIAGGI, HOYLMAN, KRUEGER, LIU, MONTGOMERY
 
MLTSPNSR
 
Add §227-e, RP L
 
Requires landlords to mitigate damages if a tenant vacates a premises in violation of the terms of the lease.
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S02949 Actions:

BILL NOS02949A
 
01/31/2019REFERRED TO JUDICIARY
02/27/20191ST REPORT CAL.187
02/28/20192ND REPORT CAL.
03/04/2019ADVANCED TO THIRD READING
04/29/2019AMENDED ON THIRD READING 2949A
06/20/2019COMMITTED TO RULES
01/08/2020REFERRED TO JUDICIARY
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S02949 Committee Votes:

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S02949 Floor Votes:

There are no votes for this bill in this legislative session.
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S02949 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2949--A
            Cal. No. 187
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  Sens.  STAVISKY, SALAZAR, BIAGGI, HOYLMAN, KRUEGER, LIU,
          MONTGOMERY -- read twice and ordered printed, and when printed  to  be
          committed  to  the  Committee  on Judiciary -- reported favorably from
          said committee, ordered to first and second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
 
        AN  ACT  to  amend the real property law, in relation to requiring land-
          lords to mitigate damages if a tenant vacates a premises in  violation
          of the terms of the lease
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property law is amended by adding  a  new  section
     2  227-e to read as follows:
     3    §  227-e.  Landlord  duty  to mitigate damages. In any lease or rental
     4  agreement, excluding any real estate purchase contract defined in  para-
     5  graphs  (a),  (c)  and  (d)  of subdivision four of section four hundred
     6  sixty-one of this  chapter,  covering  premises  occupied  for  dwelling
     7  purposes,  if  a  tenant vacates a premises in violation of the terms of
     8  the lease, the landlord  shall,  in  good  faith,  take  reasonable  and
     9  customary  actions  to  rent  the  premises at fair market value. If the
    10  landlord rents the premises at fair market value, the new tenant's lease
    11  shall, once in effect, terminate the previous tenant's lease  and  miti-
    12  gate  damages  otherwise recoverable against the previous tenant because
    13  of such tenant's vacating the premises. The burden of proof shall be  on
    14  the  party  seeking  to  recover  damages. Any provision in a lease that
    15  exempts a landlord's duty to mitigate damages under this  section  shall
    16  be void as contrary to public policy.
    17    § 2. This act shall take effect immediately.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06169-07-9
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