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S748Senate2009-2010 SessionSame asA473

Requires landlord to pay penalties if he fails in action to evict tenant on grounds of primary residency

Sponsor Liz KruegerSD-26+7 co-sponsorsAffects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

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History

  1. Print number 748a
  2. Amend and recommit to housing, construction and community development
  3. Referred to housing, construction and community development
  4. Referred to housing, construction and community development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A473Assembly

Requires landlord to pay penalties if he fails in action to evict tenant on grounds of primary residency

In Senate Committee · Rules · Sponsor Brian Kavanagh

Full text

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

Sponsor's memo

Title of bill

An act to amend the administrative code of the city of New York, in relation to primary residence

Purpose

To discourage frivolous, groundless or bad faith primary-residence eviction attempts.

Summary of provisions

Would allow tenants to recover attorneys' fees and damages in cases where landlords act in bad faith to bring eviction proceedings against tenants on the basis of non-primary residence.

Justification

Landlords have increasingly brought court actions against tenants in recent years to eliminate their rent-stabilization protections on the basis of non-primary residence. In many of these cases, however, landlords have little reason to believe a non-primary residence violation exists and have brought actions as a way of forcing tenants to vacate their apartments, sometimes even ignoring proof submitted by tenants establishing primary residence. This bill seeks to discourage this practice by awarding tenants attorneys' fees and damages in cases where they successfully defend primary residence actions that were brought in bad faith.

Fiscal implications

None.

Effective date

Immediately.

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