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NY A10166
Bill
Status
6/18/2014
Primary Sponsor
Herman Farrell
Click for details
AI Summary
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Implies a covenant in residential leases that if a lease permits landlords to recover attorneys' fees from tenants, the landlord must also pay the tenant's reasonable attorneys' fees if the tenant successfully defends against or wins an action arising from the lease.
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Grants courts discretion to award tenants attorneys' fees and expenses to the same degree as they award such fees to landlords under lease terms.
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Permits tenants to receive awarded fees and expenses as either money damages or as a credit against future rent, at the tenant's election.
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Excludes tenants from fee recovery in non-payment of rent cases if they only pay overdue rent before final judgment without presenting a meritorious defense.
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Requires residential leases containing landlord fee-recovery provisions to include a specified notice in bold typeface, no less than 11 points or one point larger than the rest of the clause, informing tenants of their right to recover fees if successful.
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Applies to all new residential lease agreements executed on or after the first of the month following the act's effective date.
Legislative Description
Relates to the awarding of attorneys' fees and expenses on residential landlord-tenant disputes; authorizes the court to order the landlord to pay the tenant's attorneys' fees or expenses, or both, incurred by a tenant who is the successful party in an action to the same extent a landlord is entitled to recover such fees and expenses.
Last Action
referred to judiciary
6/18/2014