Assembly Bill A9762

2009-2010 Legislative Session

Imposes civil penalties on landlords for including unenforceable provisions in residential leases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A9762 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-g, RP L; add §26-516.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: A1454
2013-2014: A651
2015-2016: A807
2017-2018: A4232
2019-2020: A769
2021-2022: A437
2023-2024: A1822
2025-2026: A1737

2009-A9762 (ACTIVE) - Summary

Imposes civil penalties on landlords for including unenforceable provisions in residential leases.

2009-A9762 (ACTIVE) - Sponsor Memo

2009-A9762 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9762

                          I N  A S S E M B L Y

                            January 22, 2010
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property law and the administrative code of the
  city of New York, in relation to imposing civil penalties on landlords
  for including unenforceable provisions in residential leases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
235-g to read as follows:
  S 235-G. CIVIL PENALTY. IN ADDITION TO ANY OTHER  REMEDY  PROVIDED  BY
LAW,  A  COURT  MAY  IMPOSE  A  CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS PER VIOLATION, UPON PROOF TO THE SATISFACTION OF THE COURT  THAT
AN  OWNER  HAS  INCLUDED  IN  A  RESIDENTIAL  LEASE  CLAUSE OR RIDER ANY
PROVISION THAT IS PROHIBITED UNDER STATE OR LOCAL  LAW,  RENDERING  THAT
PROVISION  VOID  OR  UNENFORCEABLE.  SUCH CIVIL PENALTY MAY BE SOUGHT BY
APPLICATION BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE  OF NEW YORK AND SHALL BE PAYABLE TO THE MUNICIPALITY IN WHICH THE
SUBJECT PREMISES IS LOCATED.
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 26-516.1 to read as follows:
  S  26-516.1 CIVIL PENALTY. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY
LAW, THE COMMISSIONER OF THE STATE DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL  MAY  IMPOSE  A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
PER VIOLATION, UPON PROOF TO THE SATISFACTION OF THE  COMMISSIONER  THAT
AN  OWNER  HAS INCLUDED IN A LEASE CLAUSE OR RIDER ANY PROVISION THAT IS
PROHIBITED UNDER STATE OR LOCAL LAW, RENDERING THAT  PROVISION  VOID  OR
UNENFORCEABLE.  SUCH  CIVIL  PENALTY  MAY BE RECOVERED BY ADMINISTRATIVE
ORDER AFTER A HEARING. SUCH ORDER SHALL BE DEEMED A FINAL  DETERMINATION
FOR  THE  PURPOSES  OF  JUDICIAL REVIEW. SUCH ACTION SHALL BE BROUGHT ON
BEHALF OF THE CITY AND ANY AMOUNT RECOVERED SHALL BE PAID INTO THE  CITY
TREASURY.  SUCH PENALTY MAY, UPON THE EXPIRATION OF THE PERIOD FOR SEEK-
ING REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW
AND  RULES,  BE DOCKETED AND ENFORCED IN THE MANNER OF A JUDGMENT OF THE
SUPREME COURT.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.