What's happening
This bill allows residential tenants forced to vacate due to a landlord's willful neglect to recover triple damages and relocation costs.
Why it matters
Makes landlords financially responsible for neglect. By allowing tenants to recover triple (treble) damages if they're forced to leave due to willful neglect, the bill creates a strong financial deterrent for property owners who might otherwise ignore maintenance responsibilities.
Mandates landlord-paid relocation and storage. Landlords who neglect maintenance must pay for comparable housing, moving costs, and storage/transport of tenants' belongings, reducing the disruption and financial burden on displaced tenants.
Clarifies what counts as “willful neglect”. The bill specifically ties willful neglect to improper or absent maintenance causing substantial deterioration, and automatically considers it present when there’s a government-issued vacate or demolition order—not just when landlords admit fault.
Preserves existing local protections. The bill ensures that these new rights do not override or weaken any other state or local tenant protections or property maintenance laws, maintaining a floor—not a ceiling—for tenant rights.
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Who cares
Headline styles
Punish Neglectful Landlords
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to housing
- Print number 1287a
- Amend and recommit to housing
- Referred to housing
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.
Punish Willful Neglect by Landlords
In Senate Committee · Judiciary · Sponsor Brian Kavanagh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1287--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. NIOU, RICHARDSON, KIM, ENGLEBRIGHT, EPSTEIN, FRONTUS, MAGNARELLI, REYES -- read once and referred to the Committee on Housing -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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. The person or entity required to maintain the property shall relocate the tenant to a comparable housing accommodation in a closely proximate area and shall be responsible for any moving costs associated with such relocation.
2. During the period that the residential tenant is vacated from such residential real property, the person or entity required to maintain the property shall provide for the storage of such tenant's household goods and personal property in a closely proximate area until the tenant returns to such residential real property and shall be responsible for any costs associated with the transportation of such goods and property to and from the storage unit.
3. 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. Will-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02245-06-9
A. 1287--A 2
ful 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.
4. 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.
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.