Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 24, 2020 |
enacting clause stricken committed to judiciary |
Jan 08, 2020 |
ordered to third reading cal.90 returned to assembly died in senate |
May 08, 2019 |
referred to judiciary delivered to senate passed assembly |
Apr 29, 2019 |
amended on third reading 1973a |
Jan 31, 2019 |
advanced to third reading cal.26 |
Jan 28, 2019 |
reported |
Jan 18, 2019 |
referred to judiciary |
Assembly Bill A1973A
2019-2020 Legislative Session
Sponsored By
ZEBROWSKI
Archive: Last Bill Status - Stricken
- 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
Actions
Bill Amendments
co-Sponsors
Vivian Cook
Clyde Vanel
Kevin Cahill
Ellen C. Jaffee
multi-Sponsors
Anthony D'Urso
Jo Anne Simon
2019-A1973 - Details
2019-A1973 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1973 2019-2020 Regular Sessions I N A S S E M B L Y January 18, 2019 ___________ Introduced by M. of A. ZEBROWSKI, COOK, VANEL, CAHILL, JAFFEE, GOTT- FRIED, COLTON, NIOU -- Multi-Sponsored by -- M. of A. D'URSO, SIMON -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring land- lords to mitigate damages if a tenant vacates a premises in violation of the terms of the lease 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 227-e to read as follows: § 227-E. LANDLORD DUTY TO MITIGATE DAMAGES. IN ANY LEASE OR RENTAL AGREEMENT COVERING PREMISES OCCUPIED FOR DWELLING PURPOSES, IF A TENANT VACATES A PREMISES IN VIOLATION OF THE TERMS OF THE LEASE, THE LANDLORD SHALL, IN GOOD FAITH, TAKE REASONABLE AND CUSTOMARY ACTIONS TO RENT THE PREMISES AT FAIR MARKET VALUE. IF THE LANDLORD RENTS THE PREMISES AT FAIR MARKET VALUE, THE NEW TENANT'S LEASE SHALL, ONCE IN EFFECT, TERMI- NATE THE PREVIOUS TENANT'S LEASE AND MITIGATE DAMAGES OTHERWISE RECOVER- ABLE AGAINST THE PREVIOUS TENANT BECAUSE OF SUCH TENANT'S VACATING THE PREMISES. THE BURDEN OF PROOF SHALL BE ON THE PARTY SEEKING TO RECOVER DAMAGES. ANY PROVISION IN A LEASE THAT EXEMPTS A LANDLORD'S DUTY TO MITIGATE DAMAGES UNDER THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06169-01-9
co-Sponsors
Vivian Cook
Clyde Vanel
Kevin Cahill
Ellen C. Jaffee
multi-Sponsors
Anthony D'Urso
Jo Anne Simon
2019-A1973A (ACTIVE) - Details
2019-A1973A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1973--A Cal. No. 26 2019-2020 Regular Sessions I N A S S E M B L Y January 18, 2019 ___________ Introduced by M. of A. ZEBROWSKI, COOK, VANEL, CAHILL, JAFFEE, GOTT- FRIED, COLTON, NIOU, AUBRY -- Multi-Sponsored by -- M. of A. D'URSO, SIMON -- read once and referred to the Committee on Judiciary -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property law, in relation to requiring land- lords to mitigate damages if a tenant vacates a premises in violation of the terms of the lease 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 227-e to read as follows: § 227-E. LANDLORD DUTY TO MITIGATE DAMAGES. IN ANY LEASE OR RENTAL AGREEMENT, EXCLUDING ANY REAL ESTATE PURCHASE CONTRACT DEFINED IN PARA- GRAPHS (A), (C) AND (D) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED SIXTY-ONE OF THIS CHAPTER, COVERING PREMISES OCCUPIED FOR DWELLING PURPOSES, IF A TENANT VACATES A PREMISES IN VIOLATION OF THE TERMS OF THE LEASE, THE LANDLORD SHALL, IN GOOD FAITH, TAKE REASONABLE AND CUSTOMARY ACTIONS TO RENT THE PREMISES AT FAIR MARKET VALUE. IF THE LANDLORD RENTS THE PREMISES AT FAIR MARKET VALUE, THE NEW TENANT'S LEASE SHALL, ONCE IN EFFECT, TERMINATE THE PREVIOUS TENANT'S LEASE AND MITI- GATE DAMAGES OTHERWISE RECOVERABLE AGAINST THE PREVIOUS TENANT BECAUSE OF SUCH TENANT'S VACATING THE PREMISES. THE BURDEN OF PROOF SHALL BE ON THE PARTY SEEKING TO RECOVER DAMAGES. ANY PROVISION IN A LEASE THAT EXEMPTS A LANDLORD'S DUTY TO MITIGATE DAMAGES UNDER THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06169-06-9
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.