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


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) 2019-03-22 - REFERRED TO JUDICIARY [S04723 Detail]

Download: New_York-2019-S04723-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4723
                               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
        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
    23  certificate, the attorney for the petitioner shall attach to the certif-
    24  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.
                                                                   LBD10928-01-9

        S. 4723                             2
     1  petitioner  attesting  that  such  documents   are   lost   whether   by
     2  destruction,  theft  or  otherwise.    Nothing in this subdivision shall
     3  replace or abrogate petitioner's obligations as set  forth  in  the  New
     4  York uniform commercial code.
     5    (d)  If  a  petitioner willfully fails to provide copies of the papers
     6  and documents required by subdivision (a) of this section and the  court
     7  finds,  upon  the  motion of any party or on its own motion on notice to
     8  the parties, that such papers and documents ought to have been provided,
     9  the court may dismiss the petition or make  such  final  or  conditional
    10  order  with  regard to such failure as is just including but not limited
    11  to denial of the accrual of any interest,  costs,  attorneys'  fees  and
    12  other  fees, relating to the petition. Any such dismissal shall be with-
    13  out prejudice and shall not be on the merits.
    14    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    15  proceedings commenced on or after such date.
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