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NY A05986

Bill

Status

Introduced

3/3/2011

Primary Sponsor

Brian Kavanagh

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Requires owners or lessors to have a good faith belief that a dwelling unit is not the tenant's primary residence before commencing eviction proceedings under rent control and rent stabilization laws

  • Establishes liability for owners or lessors who violate the good faith requirement, including payment of three times the monthly rent or three times actual damages (whichever is greater)

  • Mandates payment of the tenant's reasonable attorney's fees and court costs as determined by the court for bad faith eviction actions

  • Applies to rent-controlled units under Section 26-413 and rent-stabilized units under Section 26-515 of New York City Administrative Code

  • Takes effect immediately for all pending and future actions, with amendments expiring when respective rent control and stabilization laws expire

Legislative Description

Provides that an owner or lessor of a rent controlled or rent stabilized unit who commences an action in bad faith to recover possession on the grounds that it is not occupied as the tenant's primary residence shall be liable for the tenant's court costs and attorney's fees in addition to an amount which is three times the monthly rent or actual damages.

Last Action

reported referred to rules

6/18/2012

Committee Referrals

Rules6/18/2012
Codes6/11/2012
Cities3/3/2011

Full Bill Text

No bill text available