NY State Senate Bill 2015-S3750

Senate Bill S3750

2015-2016 Legislative Session

Creates tenants' right to recover certain attorneys' fees incurred as a result of service of notice based upon false facts or allegations

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Feb 17, 2015	referred to judiciary

co-Sponsors

2015-S3750 (ACTIVE) - Details

See Assembly Version of this Bill:: A4315
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §234-a, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5367
2011-2012: S1306
2013-2014: S516, A6996
2017-2018: S2313, A2633

2015-S3750 (ACTIVE) - Summary

Creates tenants' right to recover certain attorneys' fees incurred as a result of service of notice based upon false facts or allegations.

2015-S3750 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3750

TITLE OF BILL:  An act to amend the real property law, in relation to
tenants' right to recover attorneys' fees incurred as a result of
service of notice based upon false facts or allegations

PURPOSE:

This bill will serve as a strong disincentive for landlords to serve
legal notices on tenants that are not factually substantiated.

SUMMARY OF PROVISIONS:

Section One amends the Real Property Law by adding a new section 234-a
stating that there should be implied in the lease of residential
property a covenant by the landlord to pay to the tenant the
reasonable attorney's fees and/or expenses incurred by the tenant as
the result of the service by or on behalf of the landlord of a notice
to cure a violation of the lease, a notice of termination of the lease
or a notice of refusal to renew the lease where such notice contains
any fact or allegation that is not true.

If the landlord knowing serves notice to a tenant containing facts or
allegations that are not true, the landlord shall be liable for three
times (treble) the amount of attorney's fees and expense incurred by
the tenant.

JUSTIFICATION:

There have been numerous examples of deliberate attempts by landlords
to intimidate and harass tenants by sending notices to cure a
violation of the tenant's lease or to terminate or not renew the
tenant's lease which are based upon an unsubstantiated allegation.

Up until now, there has been no financial recourse for legitimate
tenants who have been forced to retain legal counsel to determine the
meaning of such notices and/or to respond to such notices unless the
matter has proceeded to court and there has been a judgment against
the landlord.

This legislation would allow tenants to recover legal fees and
expenses incurred in response to such notices regardless of whether an
action or summary proceeding is commenced by the landlord.  This bill
would also serve as a strong disincentive for landlords to serve legal
notices that are not factually substantiated.

LEGISLATIVE HISTORY:

2008: S.8784(Duane),Died in Rules
2009: S.5367(Duane),Died in Judiciary
2010: S.5367(Duane),Died in Judiciary

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:


This act shall take effect immediately.

2015-S3750 (ACTIVE) - Bill Text download pdf

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

                                  3750

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sens.  ESPAILLAT,  HOYLMAN,  KRUEGER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary

AN  ACT to amend the real property law, in relation to tenants' right to
  recover attorneys' fees incurred as a  result  of  service  of  notice
  based upon false facts or allegations

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

  Section 1. The real property law is amended by adding  a  new  section
234-a to read as follows:
  S  234-A.  TENANTS'  RIGHT  TO RECOVER CERTAIN ATTORNEYS' FEES.  THERE
SHALL BE IMPLIED IN A LEASE OF RESIDENTIAL PROPERTY A  COVENANT  BY  THE
LANDLORD  TO  PAY  TO  THE  TENANT THE REASONABLE ATTORNEYS' FEES AND/OR
EXPENSES INCURRED BY THE TENANT AS THE RESULT OF THE SERVICE  BY  OR  ON
BEHALF  OF  THE LANDLORD OF A NOTICE TO CURE A VIOLATION OF THE LEASE, A
NOTICE OF TERMINATION OF THE LEASE OR A NOTICE OF REFUSAL TO  RENEW  THE
LEASE  WHERE  SUCH  NOTICE  CONTAINS  ANY FACT OR ALLEGATION THAT IS NOT
TRUE. WHERE SUCH NOTICE IS KNOWINGLY SERVED CONTAINING ANY FACT OR ALLE-
GATION THAT IS NOT TRUE, THE LANDLORD SHALL BE LIABLE TO SUCH TENANT FOR
THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT,  OR  THREE  TIMES  THE
DAMAGES,  IF  ANY,  SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS
REASONABLE ATTORNEYS' FEES AND COSTS AS DETERMINED BY THE COURT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06208-01-5

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Senate Bill S3750

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Sponsored By

Adriano Espaillat