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S8154Senate2009-2010 SessionSame asA11540

Relates to an action for willful neglect of residential real property and treble damages

Sponsor Daniel L. SquadronSD-25Affects Legal
Status
In Senate 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
Daniel L. Squadron

Senator · Senate District 25

No co-sponsors yet.

History

  1. Referred to judiciary

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.

A11540Assembly

Relates to an action for willful neglect of residential real property and treble damages

In Assembly Committee · Housing · Sponsor Sheldon Silver

Full text

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

Sponsor's memo

BILL NUMBER:S8154

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

Subdivision (c) requires a duty to maintain while being a patty to foreclosure action.

Subdivision (d) defines residential real property as property used as a home or residence.

Subdivision (e) 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

New bill.

Fiscal implications

None.

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.