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A9762Assembly2009-2010 Session

Imposes civil penalties on landlords for including unenforceable provisions in residential leases

Sponsor Linda RosenthalAD-67Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

Chair, Housing

No co-sponsors yet.

History

  1. Held for consideration in judiciary
  2. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9762

Title of bill

An act to amend the real property law and the adminis- trative code of the city of New York, in relation to imposing civil penalties on landlords for including unenforceable provisions in resi- dential leases

Purpose or general idea of bill

This bill will create the option of a financial penalty on a ruling that a property owner has added legally unenforceable provisions to a residential lease.

Summary of specific provisions

The bill will amend the real property law section 235 to include a new subdivision g. The new subdivision will allow a court to impose a civil penalty not to exceed five hundred dollars per violation, upon proof to the satisfaction of the court that that an owner has included in a residential lease clause or rider any provision that is void or unenforceable.

The bill will amend the administrative code of the city of New York to add section 26515.1. The new section will state that in addition to other remedies provided by the law, the commissioner of the State Divi- sion of Housing and Community Renewal may impose a civil penalty not to exceed five hundred dollars per violation, upon proof to the satisfac- tion of the commissioner that an, owner has included in a lease clause or rider any provision that is void or unenforceable

Justification

Property owners often include provisions within leases that subject tenants to limitations or expectations that they have no right to impose. These restrictions range from mandating that tenants provide maintenance that is the property owner's obligation to perform to prohibiting tenants from housing animals that are legally acceptable to provisions involving behavior outside the apartment. By including these items on documents the tenant is supposed to sign, the landlord is trying to impose conditions through intimidation.

This legislation will provide a financial penalty for property owners who utilize these lease provisions in their rental agreements, and provide incentive to discontinue this practice.

Prior legislative history

None

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.