What's happening
This bill allows tenants to recover attorneys' fees and damages if landlords serve false notices regarding lease violations or termination.
Why it matters
Increases accountability for landlords. by making them financially liable if they serve tenants with notices (like notice to cure, notice of termination, or refusal to renew) that contain false facts or allegations.
Provides significant financial remedies for tenants. , including not just reasonable attorneys’ fees and costs, but also damages of either three times their monthly rent or three times any damages suffered (whichever is greater) if the landlord knowingly serves a false notice.
May deter landlords from using misleading or false notices. as a tactic in disputes, since the legal and financial consequences are substantial and automatically implied in all residential leases.
Empowers tenants to defend their rights. without fear of prohibitive legal costs, potentially leading to fairer treatment and reducing wrongful eviction attempts or harassment.
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Who cares
Headline styles
Let Tenants Recover Legal Fees
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
3 Multi-sponsors
History
- Enacting clause stricken
- Referred to judiciary
- 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.
Let Tenants Recover Lawyer Fees
In Senate Committee · Judiciary · Sponsor Marisol Alcantara
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2633
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. SEPULVEDA, MOSLEY, GLICK, PERRY, STECK -- Multi- Sponsored by -- M. of A. FAHY, GOTTFRIED, RIVERA -- read once and referred 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 Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 234-a to read as follows:
§ 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 allegation 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06933-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.