Bill Text: NY S04723 | 2019-2020 | General Assembly | Amended


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 1-0)

Status: (Introduced) 2019-06-10 - PRINT NUMBER 4723A [S04723 Detail]

Download: New_York-2019-S04723-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4723--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 22, 2019
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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.
    18    (b) Where a certificate is required pursuant to this section, a single
    19  certificate shall be filed  for  each  action  even  if  more  than  one
    20  respondent has been named in the petition or is subsequently named.
    21    (c) Where the documents required under subdivision (a) of this section
    22  are  not  attached  to  the  notice  of  petition and petition or to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10928-07-9

        S. 4723--A                          2

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