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S3384Senate2019-2020 SessionSame asA1287

Punish Willful Neglect by Landlords

Official title

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

Sponsor Brian KavanaghSD-26Affects Legal
Status
In Senate Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows residential tenants forced to vacate due to willful landlord neglect to recover triple damages, relocation, and storage costs.

Why it matters

  1. Creates strong financial incentives for landlords to maintain properties. by allowing tenants forced out due to willful neglect to sue for triple (treble) damages, significantly raising the cost of neglectful behavior.

  2. Mandates landlord responsibility for tenant relocation and storage costs. , ensuring displaced tenants are not further burdened by expenses related to moving and storing their belongings while the property is uninhabitable.

  3. Clearly defines “willful neglect”. to include situations where government authorities issue vacate or demolition orders due to poor maintenance, making it easier for tenants to prove their case and obtain relief.

  4. Preserves existing local and state tenant protections. by specifying that these new remedies do not limit or override other rights or enforcement powers, potentially strengthening tenants’ positions without reducing current protections.

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Who cares

Headline styles

Punish Willful Neglect by Landlords

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kavanagh

Senator · Senate District 26

Chair, Housing, Construction And Community Development

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Print number 3384a
  3. Amend and recommit to judiciary
  4. 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.

A1287Assembly

Punish Neglectful Landlords

In Assembly Committee · Housing · Sponsor Yuh-Line Niou

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3384--A

2019-2020 Regular Sessions

IN SENATE

February 6, 2019

Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- 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.

LBD02245-07-9

S. 3384--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.

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

2018: S7102/A7392 - REFERRED TO JUDICIARY/ referred to housing 2017: S2023/A7392 - REFERRED TO JUDICIARY/ referred to housing 2016: S589 - REFERRED TO JUDICIARY 2015: S589 - REFERRED TO JUDICIARY

Fiscal impact on the state

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.