S162-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S162-2013 Memo

BILL NUMBER:S162

TITLE OF BILL:
An act
to amend the real property actions and proceedings law, in relation to
an action for willful neglect of residential real property

PURPOSE:
To establish a cause of action that will allow tenants to recover when
property owners willfully neglect their properties and allow them to
fall into disrepair.

SUMMARY OF PROVISIONS:
Section 1:

Subdivision (1) establishes a claim of willful neglect of real
property by the property owner. The tenant is provided with the
choice of two remedies, treble damages or relocation to a comparable
location.

Subdivision (2) defines the conditions that will result in a finding
of willful neglect.

Subdivision (3) precludes preemption of other state and local laws.

Section 2 provides for an immediate effective date.

JUSTIFICATION:
This legislation is necessary to ensure the continued quality of aging
building stock in this state and to prevent owners from circumventing
the system to wrongfully obtain vacate or demolition orders.

The bill creates an incentive for building owners to take all
reasonable steps to maintain the stability and quality of their
tenant's homes. The bill's provisions will help ensure that owners
act in good faith when events occur that cause deterioration of their
properties.

Finally, the bill provides much needed compensation for tenants that
are displaced from their homes through no fault of their own.

LEGISLATIVE HISTORY:
2010: S.8154/A.11540
2012: Referred to Judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S162-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          162
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary
 

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:

 

Section 1. The real property actions and proceedings law is amended by
 adding a new section 854 to read as follows:

 

S 854. ACTION FOR WILLFUL NEGLECT OF RESIDENTIAL REAL PROPERTY; TREBLE
 DAMAGES. 1. IF A RESIDENTIAL TENANT IS FORCED TO VACATE RESIDENTIAL REAL
 PROPERTY BECAUSE OF WILLFUL NEGLECT OF SUCH PROPERTY BY  THE  PERSON  OR
 ENTITY  REQUIRED  BY STATE OR LOCAL LAW TO MAINTAIN SUCH PROPERTY, HE OR
 SHE IS ENTITLED TO RECOVER TREBLE DAMAGES IN AN ACTION  OR  COUNTERCLAIM
 AGAINST  SUCH  PERSON  OR  ENTITY.  IN  LIEU  OF  TREBLE DAMAGES, AT THE
 TENANT'S OPTION, THE PERSON OR ENTITY REQUIRED TO MAINTAIN THE  PROPERTY
 MUST  RELOCATE  THE  TENANT  TO  A COMPARABLE HOUSING ACCOMMODATION IN A
 CLOSELY PROXIMATE AREA THAT IS THE SAME OR LOWER RENT.
 2. WILLFUL NEGLECT SHALL INCLUDE IMPROPER MAINTENANCE OR LACK OF MAIN
 TENANCE RESULTING IN SUBSTANTIAL DETERIORATION OF THE PROPERTY  SUCH  AS
 TO RENDER IT UNINHABITABLE. WILLFUL NEGLECT SHALL BE CONSIDERED WHENEVER
 THERE HAS BEEN A VACATE ORDER OR ORDER FOR THE DEMOLITION OF THE PROPER
 TY  ISSUED BY AN AGENCY OR OFFICIAL OF STATE OR LOCAL GOVERNMENT.  WILL
 FUL NEGLECT SHALL NOT INCLUDE  CONDITIONS  BEYOND  THE  CONTROL  OF  THE
 PERSON  OR  ENTITY  REQUIRED TO MAINTAIN THE PROPERTY, SUCH AS A NATURAL
 DISASTER OR 

AN ACT OF WAR OR TERRORISM.
 3.  THIS SECTION SHALL NOT PREEMPT, REDUCE  OR  LIMIT  ANY  RIGHTS  OR
 OBLIGATIONS  IMPOSED BY ANY STATE OR LOCAL LAWS WITH RESPECT TO PROPERTY
 MAINTENANCE AND A LOCALITY'S ABILITY TO ENFORCE THOSE LAWS OR A TENANT'S
 RIGHT TO BE RESTORED TO THE VACATED PREMISES.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00284-01-3

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