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History
- Referred to judiciary
- Print number 3912a
- Amend and recommit to judiciary
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A3912A
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 would serve as a strong disincentive for landlords to serve legal notices on tenants that are not factually substantiated.
Summary of provisions
Section 1 amends the Real Property Law by adding a new section 234-A stating 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 arid/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 riot true.
If the landlord knowingly serves notice to a tenant containing facts or allegations that are not true, the landlord shall be liable for three times the monthly rent charged the tenant, or three times the damages, if any, that the tenant has incurred, whichever is greater, plus reasonable attorney's fees and costs, as the court determines.
Section 2 states that the act shall take effect immediately.
Justification
There have been numerous examples of deliberate attempts by landlords to intimidate and harass tenants by sending notices based upon unsubstantiated allegations to cure a violation of the tenant's lease or to terminate or not renew the tenant's lease.
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 false notices. This bill would also serve as a strong disincentive for landlords to serve legal notices that are not factually substantiated.
Legislative history
This is a new bill in the Assembly; same as S8784 of 2008
Fiscal implications to state or locality
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.