Assembly Bill A5546A

2021-2022 Legislative Session

Relates to providing enhanced enforcement of the warranty of habitability for housing accommodations

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

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Bill Amendments

co-Sponsors

multi-Sponsors

2021-A5546 - Details

Current Committee:
Assembly Rules
Law Section:
Real Property Law
Laws Affected:
Amd §235-b, RP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6842
2015-2016: A6750
2017-2018: A6256
2019-2020: A6266
2023-2024: A2042

2021-A5546 - Summary

Provides for enhanced enforcement of the warranty of habitability for housing accommodations; provides the court may award punitive damages to a tenant upon finding the landlord's breach of warranty was intentional and malicious.

2021-A5546 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5546
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by M. of A. WALKER, VANEL, GOTTFRIED, COLTON, COOK -- Multi-
   Sponsored by -- M. of A. SIMON  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2021-A5546A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Real Property Law
Laws Affected:
Amd §235-b, RP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6842
2015-2016: A6750
2017-2018: A6256
2019-2020: A6266
2023-2024: A2042

2021-A5546A (ACTIVE) - Summary

Provides for enhanced enforcement of the warranty of habitability for housing accommodations; provides the court may award punitive damages to a tenant upon finding the landlord's breach of warranty was intentional and malicious.

2021-A5546A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5546--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by M. of A. WALKER, VANEL, GOTTFRIED, COLTON, COOK -- Multi-
   Sponsored by -- M. of A. SIMON  --  read  once  and  referred  to  the
   Committee  on  Housing  --  recommitted to the Committee on Housing in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07765-02-2
              

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