S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2883
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2023
                                ___________
 
 Introduced  by  M. of A. EPSTEIN, SANTABARBARA, JACOBSON, HUNTER, SIMON,
   L. ROSENTHAL, SEAWRIGHT, MAGNARELLI, GLICK, COOK, REYES --  read  once
   and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing  a  certificate  of  merit in proceedings to recover possession of
   real property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 403-a to read as follows:
   §  403-A. CERTIFICATE OF MERIT IN PROCEEDINGS TO RECOVER POSSESSION OF
 REAL PROPERTY. (A) IN ANY PROCEEDING UNDER ARTICLE  SEVEN  OF  THE  REAL
 PROPERTY  ACTIONS AND PROCEEDINGS LAW, THE PETITION SHALL BE ACCOMPANIED
 BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR PETITIONER, CERTIFYING THAT
 THE ATTORNEY HAS REVIEWED THE FACTS OF  THE  CASE  AND  THAT,  BASED  ON
 CONSULTATION  WITH  REPRESENTATIVES  OF  PETITIONER  IDENTIFIED  IN  THE
 CERTIFICATE AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS,  INCLUDING
 THE LEASE, RENTAL RECORDS IN AN ACTION BASED ON NON-PAYMENT OF RENT, AND
 ANY  DOCUMENTS  THAT  ESTABLISH ANY GROUNDS FOR EVICTION, TO THE BEST OF
 SUCH ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A  REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION. IF NOT ATTACHED TO THE NOTICE
 OF  PETITION  AND  PETITION,  A COPY OF THE LEASE, IF ANY, AND ANY OTHER
 DOCUMENT RELEVANT TO THE CLAIMS OF PETITIONER, SHALL BE ATTACHED TO  THE
 CERTIFICATE.
   (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
 CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION  EVEN  IF MORE THAN ONE
 RESPONDENT HAS BEEN NAMED IN THE PETITION OR IS SUBSEQUENTLY NAMED.
   (C) WHERE THE DOCUMENTS REQUIRED UNDER SUBDIVISION (A) OF THIS SECTION
 ARE NOT ATTACHED TO THE NOTICE  OF  PETITION  AND  PETITION  OR  TO  THE
 CERTIFICATE, THE ATTORNEY FOR THE PETITIONER SHALL ATTACH TO THE CERTIF-
 ICATE  SUPPLEMENTAL  AFFIDAVITS  BY  SUCH  ATTORNEY OR REPRESENTATIVE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00049-02-3
              

 A. 2883                             2
 
 PETITIONER  ATTESTING  THAT  SUCH  DOCUMENTS   ARE   LOST   WHETHER   BY
 DESTRUCTION,  THEFT  OR  OTHERWISE.    NOTHING IN THIS SUBDIVISION SHALL
 REPLACE OR ABROGATE PETITIONER'S OBLIGATIONS AS SET  FORTH  IN  THE  NEW
 YORK UNIFORM COMMERCIAL CODE.
   (D)  IF  A  PETITIONER WILLFULLY FAILS TO PROVIDE COPIES OF THE PAPERS
 AND DOCUMENTS REQUIRED BY SUBDIVISION (A) OF THIS SECTION AND THE  COURT
 FINDS,  UPON  THE  MOTION OF ANY PARTY OR ON ITS OWN MOTION ON NOTICE TO
 THE PARTIES, THAT SUCH PAPERS AND DOCUMENTS OUGHT TO HAVE BEEN PROVIDED,
 THE COURT MAY DISMISS THE PETITION OR ISSUE AN ORDER WITH REGARD TO SUCH
 FAILURE AS IS JUST INCLUDING BUT NOT LIMITED TO  ANY  COSTS,  ATTORNEYS'
 FEES  AND OTHER FEES, RELATING TO THE PETITION. ANY SUCH DISMISSAL SHALL
 BE WITHOUT PREJUDICE AND SHALL NOT BE ON THE MERITS.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 proceedings commenced on or after such date.