Assembly Bill A1081

2013-2014 Legislative Session

Enhances protections for homeowners who have paid contractors, subcontractors, and material suppliers for home improvements

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1081 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Business Law
Laws Affected:
Amd §§770, 772, 773 & 774, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A599
2011-2012: A105
2015-2016: A1499
2017-2018: A20
2019-2020: A253
2021-2022: A1104

2013-A1081 (ACTIVE) - Summary

Enhances protections for homeowners who have paid contractors, subcontractors, and material suppliers for home improvements; enhances penalties, civil and criminal for violations of the consumer protection provisions of the Home Improvement Contracts article of the general business law; authorizes the attorney general to prosecute crimes under that article.

2013-A1081 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1081

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Judiciary

AN  ACT  to amend the general business law, in relation to home improve-
  ment contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 7 of section 770 of the general business law,
as added by chapter 32 of the laws  of  1989,  is  amended  to  read  as
follows:
  7.  "Custom  home"  means a new single family residence OR A RESIDENCE
DESIGNED SOLELY FOR OCCUPANCY OF NOT MORE THAN TWO FAMILIES LIVING SEPA-
RATELY, to be constructed on premises owned of record by  the  purchaser
at the time of contract[,]; provided that such residence is intended for
residential  occupancy  by  such  purchaser [and the contract of sale is
entered into on or after the first day of March, nineteen hundred  nine-
ty].
  S  2.  Subdivision  1  of  section 772 of the general business law, as
added by chapter 421 of the laws of 1987, is amended to read as follows:
  1. Any owner who is induced to contract for  a  home  improvement,  in
reliance on false or fraudulent written representations or false written
statements,  may sue and recover from such contractor a penalty of [five
hundred] UP TO TWO THOUSAND dollars plus reasonable attorney's fees,  in
addition  to any damages sustained by the owner by reason of such state-
ments or representations. ANY OWNER WHO IS AGGRIEVED  BY  A  SUBSTANTIAL
VIOLATION,  AS  DEFINED  IN  SECTION SEVEN HUNDRED SEVENTY-THREE OF THIS
ARTICLE, MAY SUE AND RECOVER FROM SUCH CONTRACTOR A  PENALTY  OF  UP  TO
FIVE  THOUSAND  DOLLARS  PLUS REASONABLE ATTORNEY'S FEES, IN ADDITION TO
ANY DAMAGES SUSTAINED  BY  THE  OWNER  BY  REASON  OF  SUCH  SUBSTANTIAL
VIOLATION.  In  addition,  if the court finds that the suit by the owner

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03613-01-3
              

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