Bill Text: NY A06985 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; and provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.250 [A06985 Detail]

Download: New_York-2019-A06985-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6985--B
                                                                Cal. No. 537

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2019
                                       ___________

        Introduced  by  M. of A. EPSTEIN, ORTIZ, SANTABARBARA, JACOBSON, D'URSO,
          HUNTER, BLAKE,  BARRON,  SIMON,  GOTTFRIED,  L. ROSENTHAL,  SEAWRIGHT,
          MAGNARELLI,  GLICK,  MOSLEY,  COOK  --  read  once and referred to the
          Committee on Judiciary -- committee discharged, bill amended,  ordered
          reprinted  as  amended  and  recommitted to said committee -- 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 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:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 403-a to read as follows:
     3    §  403-a. Certificate of merit in proceedings to recover possession of
     4  real property. (a) In any proceeding under article  seven  of  the  real
     5  property  actions and proceedings law, the petition shall be accompanied
     6  by a certificate, signed by the attorney for petitioner, certifying that
     7  the attorney has reviewed the facts of  the  case  and  that,  based  on
     8  consultation  with  representatives  of  petitioner  identified  in  the
     9  certificate and the attorney's review of pertinent documents,  including
    10  the lease, rental records in an action based on non-payment of rent, and
    11  any  documents  that  establish any grounds for eviction, to the best of
    12  such attorney's knowledge, information and belief there is a  reasonable
    13  basis for the commencement of such action. If not attached to the notice
    14  of  petition  and  petition,  a copy of the lease, if any, and any other
    15  document relevant to the claims  of  petitioner,  and  which  petitioner
    16  intends  to  use  as evidence at trial, shall be attached to the certif-
    17  icate.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10928-06-9
        A. 6985--B                          2

     1    (b) Where a certificate is required pursuant to this section, a single
     2  certificate shall be filed  for  each  action  even  if  more  than  one
     3  respondent has been named in the petition or is subsequently named.
     4    (c) Where the documents required under subdivision (a) of this section
     5  are  not  attached  to  the  notice  of  petition and petition or to the
     6  certificate, the attorney for the petitioner shall attach to the certif-
     7  icate supplemental affidavits by  such  attorney  or  representative  of
     8  petitioner   attesting   that   such   documents  are  lost  whether  by
     9  destruction, theft or otherwise.   Nothing  in  this  subdivision  shall
    10  replace  or  abrogate  petitioner's  obligations as set forth in the New
    11  York uniform commercial code.
    12    (d) If a petitioner willfully fails to provide copies  of  the  papers
    13  and  documents required by subdivision (a) of this section and the court
    14  finds, upon the motion of any party or on its own motion  on  notice  to
    15  the parties, that such papers and documents ought to have been provided,
    16  the court may dismiss the petition or issue an order with regard to such
    17  failure  as  is  just including but not limited to any costs, attorneys'
    18  fees and other fees, relating to the petition. Any such dismissal  shall
    19  be without prejudice and shall not be on the merits.
    20    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    21  proceedings commenced on or after such date.