What's happening
This bill allows tenants forced to leave due to willful neglect by landlords to recover triple damages or relocation to similar housing.
Why it matters
Expands tenant protections by creating strong financial disincentives for landlords. landlords who willfully neglect property can be liable for triple the damages suffered by tenants, which could deter neglect and encourage better property maintenance.
Clearly defines “willful neglect”. as improper or lack of maintenance leading to substantial deterioration and uninhabitability, including situations where a government authority issues a vacate or demolition order. This makes it easier for tenants to prove neglect in court.
Provides tenants with a meaningful choice of remedies. instead of seeking monetary damages, tenants can opt for relocation to similar or better housing at the same or lower rent, which may help displaced individuals find suitable housing more quickly.
Preserves and complements existing tenant protections. the bill does not override or limit any current state or local laws related to property maintenance or tenants’ rights, ensuring this new remedy adds to, rather than replaces, existing legal safeguards.
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Who cares
Headline styles
Punish Landlord Neglect
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Triple Damages for Neglectful Landlords
In Assembly Committee · Housing · Sponsor Yuh-Line Niou
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7102
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in relation to an action for willful neglect of residential real property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property actions and proceedings law is amended by adding a new section 854 to read as follows:
§ 854. Action for willful neglect of residential real property; treble damages. 1. If a residential tenant is forced to vacate residential real property because of willful neglect of such property by the person or entity required by state or local law to maintain such property, he or she is entitled to recover treble damages in an action or counterclaim against such person or entity. In lieu of treble damages, at the tenant's option, the person or entity required to maintain the property must relocate the tenant to a comparable housing accommodation in a closely proximate area that is the same or lower rent.
2. Willful neglect shall include improper maintenance or lack of maintenance resulting in substantial deterioration of the property such as to render it uninhabitable. Willful neglect shall be considered whenever there has been a vacate order or order for the demolition of the property issued by an agency or official of state or local government. Willful neglect shall not include conditions beyond the control of the person or entity required to maintain the property, such as a natural disaster or an act of war or terrorism.
3. This section shall not preempt, reduce or limit any rights or obligations imposed by any state or local laws with respect to property maintenance and a locality's ability to enforce those laws or a tenant's right to be restored to the vacated premises.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02368-01-7
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 actions and proceedings law, in relation to an action for willful neglect of resi- dential 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 (1) 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 (2) defines the conditions that will result in a finding of willful neglect.
Subdivision (3) 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
2016: S589 - REFERRED TO JUDICIARY 2015: S589 - REFERRED TO JUDICIARY 2013-2014: S162: REFERRED TO JUDICIARY 2011-2012: S2882: REFERRED TO JUDICIARY 2009-2010: S8154/A11540: REFERRED TO JUDICIARY
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.