Bill Text: NY S02949 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires landlords to mitigate damages if a tenant vacates a premises in violation of the terms of the lease.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S02949 Detail]

Download: New_York-2019-S02949-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2949--A
            Cal. No. 187
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 31, 2019
                                       ___________
        Introduced  by  Sens.  STAVISKY, SALAZAR, BIAGGI, HOYLMAN, KRUEGER, LIU,
          MONTGOMERY -- read twice and ordered printed, and when printed  to  be
          committed  to  the  Committee  on Judiciary -- reported favorably from
          said committee, ordered to first and second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  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:
     1    Section 1. The real property law is amended by adding  a  new  section
     2  227-e to read as follows:
     3    §  227-e.  Landlord  duty  to mitigate damages. In any lease or rental
     4  agreement, excluding any real estate purchase contract defined in  para-
     5  graphs  (a),  (c)  and  (d)  of subdivision four of section four hundred
     6  sixty-one of this  chapter,  covering  premises  occupied  for  dwelling
     7  purposes,  if  a  tenant vacates a premises in violation of the terms of
     8  the lease, the landlord  shall,  in  good  faith,  take  reasonable  and
     9  customary  actions  to  rent  the  premises at fair market value. If the
    10  landlord rents the premises at fair market value, the new tenant's lease
    11  shall, once in effect, terminate the previous tenant's lease  and  miti-
    12  gate  damages  otherwise recoverable against the previous tenant because
    13  of such tenant's vacating the premises. The burden of proof shall be  on
    14  the  party  seeking  to  recover  damages. Any provision in a lease that
    15  exempts a landlord's duty to mitigate damages under this  section  shall
    16  be void as contrary to public policy.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06169-07-9