S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6256
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2017
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the real property law, in relation to enforcement of the
   warranty of habitability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and purpose.  The  legislature  hereby
 finds that the rental housing market in the state of New York remains in
 a state of crisis, due not only to severe shortages in the stock of safe
 and  affordable  housing  but  also to the state of disrepair and blight
 that afflicts rental housing opportunities available to people of  lower
 incomes  throughout  the  state.  The legislature further finds that the
 warranty of habitability set forth in section 235-b of the real property
 law represents a critical safeguard of the health and safety of  tenants
 across the state of New York by requiring that all rental housing accom-
 modations  be  maintained  in  a  safe  and  sanitary  condition for the
 tenants; that enforcement efforts by the several agencies of the city of
 New York and the state of New York, although often successful,  are  not
 always  sufficient to deter such breaches of the warranty by such owners
 and landlords, so that in spite of  the  protections  provided  by  law,
 every  year  many  tenants  in the state of New York must endure housing
 conditions that fail to meet the basic standards of safety  required  by
 law.  In  light  of the foregoing, the legislature hereby finds that the
 state of New York must adopt additional measures to deter the most egre-
 gious breaches of the warranty of  habitability  set  forth  in  section
 235-b  of the real property law, and that the codification of law award-
 ing punitive damages to tenants who suffer intentional breaches  of  the
 warranty  is an appropriate method to realize such a purpose. The legis-
 lature therefore enacts the following law granting the courts discretion
 to award punitive damages in cases where the  warranty  of  habitability
 set  forth  in section 235-b of the real property law is breached inten-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07368-01-7

 A. 6256                             2
 
 tionally or with conscious  disregard  to  severe  risks  to  the  life,
 health, or safety of the tenant.
   § 2. Section 235-b of the real property law is amended by adding a new
 subdivision 4 to read as follows:
   4.  THE  COURT MAY AWARD PUNITIVE DAMAGES TO THE TENANT UPON A FINDING
 THAT THE LANDLORD'S BREACH OF THE WARRANTY SET FORTH IN THIS SECTION WAS
 INTENTIONAL AND MALICIOUS  OR  DEMONSTRATES  A  CONSCIOUS  DISREGARD  OF
 SEVERE RISKS TO THE LIFE, HEALTH, OR SAFETY OF THE TENANT.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.