Bill Text: NY S02882 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to an action for willful neglect of residential real property and treble damages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S02882 Detail]

Download: New_York-2011-S02882-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2882--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2011
                                      ___________
       Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Judiciary  --  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    S 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.  IN  LIEU  OF  TREBLE  DAMAGES,  AT  THE
    9  TENANT'S  OPTION, THE PERSON OR ENTITY REQUIRED TO MAINTAIN THE PROPERTY
   10  MUST RELOCATE THE TENANT TO A  COMPARABLE  HOUSING  ACCOMMODATION  IN  A
   11  CLOSELY PROXIMATE AREA THAT IS THE SAME OR LOWER RENT.
   12    2. WILLFUL NEGLECT SHALL INCLUDE IMPROPER MAINTENANCE OR LACK OF MAIN-
   13  TENANCE  RESULTING  IN SUBSTANTIAL DETERIORATION OF THE PROPERTY SUCH AS
   14  TO RENDER IT UNINHABITABLE. WILLFUL NEGLECT SHALL BE CONSIDERED WHENEVER
   15  THERE HAS BEEN A VACATE ORDER OR ORDER FOR THE DEMOLITION OF THE PROPER-
   16  TY ISSUED BY AN AGENCY OR OFFICIAL OF STATE OR LOCAL GOVERNMENT.   WILL-
   17  FUL  NEGLECT  SHALL  NOT  INCLUDE  CONDITIONS  BEYOND THE CONTROL OF THE
   18  PERSON OR ENTITY REQUIRED TO MAINTAIN THE PROPERTY, SUCH  AS  A  NATURAL
   19  DISASTER OR AN ACT OF WAR OR TERRORISM.
   20    3.    THIS  SECTION  SHALL  NOT PREEMPT, REDUCE OR LIMIT ANY RIGHTS OR
   21  OBLIGATIONS IMPOSED BY ANY STATE OR LOCAL LAWS WITH RESPECT TO  PROPERTY
   22  MAINTENANCE AND A LOCALITY'S ABILITY TO ENFORCE THOSE LAWS OR A TENANT'S
   23  RIGHT TO BE RESTORED TO THE VACATED PREMISES.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03201-02-1