What's happening
This bill allows tenants to recover attorney fees and damages if landlords serve eviction or lease notices containing false information.
Why it matters
Creates a strong deterrent for landlords. by imposing significant financial penalties—including triple rent or damages plus legal fees—if they serve eviction or lease-related notices with knowingly false information, which could help prevent abuse or harassment of tenants.
Empowers tenants to challenge wrongful actions. by ensuring they can recover attorney fees and costs, making it more feasible for tenants to defend themselves against unjustified eviction or lease termination efforts.
Strengthens accountability and fairness in landlord-tenant relationships. by legally requiring landlords to be truthful in official notices, ultimately promoting more honest and transparent communication.
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Who cares
Residential tenants
The bill would entitle tenants to reasonable attorneys’ fees and expenses incurred because of landlord notices to cure, terminate or refuse renewal that contain any untrue fact or allegation.
Residential landlords
Landlords who knowingly serve such false notices would face liability for three times the monthly rent or three times the tenant’s damages, whichever is greater, plus reasonable attorneys’ fees and court-determined costs.
Tenant attorneys and legal services providers
The bill would create an implied covenant in residential leases requiring landlords to cover tenants’ reasonable legal fees and expenses arising from these false notices.
Headline styles
Let Tenants Recover Lawyer Fees
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2313
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
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 will serve as a strong disincentive for landlords to serve legal notices on tenants that are not factually substantiated.
Summary of provisions
Section One amends the Real Property Law by adding a new section 234-a stating that 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 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.
If the landlord knowing serves notice to a tenant containing facts or allegations that are not true, the landlord shall be liable for three times (treble) the amount of attorney's fees and expense incurred by the tenant.
Justification
There have been numerous examples of deliberate attempts by landlords to intimidate and harass tenants by sending notices to cure a violation of the tenant's lease or to terminate or not renew the tenant's lease which are based upon an unsubstantiated allegation.
Up 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 notices regardless of whether an action or summary proceeding is commenced by the landlord. This bill would also serve as a strong disincentive for landlords to serve legal notices that are not factually substantiated.
Legislative history
2008: S.8784 (Duane), Died in Rules 2009: S.5367 (Duane), Died in Judiciary 2010: S.5367 (Duane), Died in Judiciary
Fiscal implications
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.