New York S 5956: Relates to providing enhanced enforcement of the warranty of habitability for housing accommodations

Bill Text

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S05956 Summary:

BILL NOS05956 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRSEPULVEDA

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MLTSPNSR

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Amd §235-b, RP L

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Provides for enhanced enforcement of the warranty of habitability for housing accommodations; provides court may award punitive damages to a tenant upon finding the landlord's breach of warranty was intentional and malicious.

Go to top S05956 Actions:

BILL NOS05956 

&nbsp

03/04/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05956 Committee&nbspVotes:

Go to topS05956 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05956 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5956

 2025-2026 Regular Sessions

 IN SENATE

 March 4, 2025
 ___________

 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
 and when printed to be committed to the Committee on Judiciary

 AN ACT to amend the real property law, in relation to enforcement of the
 warranty of habitability

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings and purpose. The legislature hereby
 2 finds that the rental housing market in the state of New York remains in
 3 a state of crisis, due not only to severe shortages in the stock of safe
 4 and affordable housing but also to the state of disrepair and blight
 5 that afflicts rental housing opportunities available to people of lower
 6 incomes throughout the state. The legislature further finds that the
 7 warranty of habitability set forth in section 235-b of the real property
 8 law represents a critical safeguard of the health and safety of tenants
 9 across the state of New York by requiring that all rental housing accom-
 10 modations be maintained in a safe and sanitary condition for the
 11 tenants; that enforcement efforts by the several agencies of the city of
 12 New York and the state of New York, although often successful, are not
 13 always sufficient to deter such breaches of the warranty by such owners
 14 and landlords, so that in spite of the protections provided by law,
 15 every year many tenants in the state of New York must endure housing
 16 conditions that fail to meet the basic standards of safety required by
 17 law. In light of the foregoing, the legislature hereby finds that the
 18 state of New York must adopt additional measures to deter the most egre-
 19 gious breaches of the warranty of habitability set forth in section
 20 235-b of the real property law, and that the codification of law award-
 21 ing punitive damages to tenants who suffer intentional breaches of the
 22 warranty is an appropriate method to realize such a purpose. The legis-
 23 lature therefore enacts the following law granting the courts discretion
 24 to award punitive damages in cases where the warranty of habitability
 25 set forth in section 235-b of the real property law is breached inten-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06868-01-5

 S. 5956 2

 1 tionally or with conscious disregard to severe risks to the life,
 2 health, or safety of the tenant.
 3 § 2. Section 235-b of the real property law is amended by adding a new
 4 subdivision 4 to read as follows:
 5 4. The court may award punitive damages to the tenant upon a finding
 6 that the landlord's breach of the warranty set forth in this section was
 7 intentional and malicious or demonstrates a conscious disregard of
 8 severe risks to the life, health, or safety of the tenant. Punitive
 9 damages under this section shall not be awarded to tenants of any such
 10 multiple dwelling owned or operated by a municipal housing authority
 11 organized pursuant to article thirteen of the public housing law.
 12 § 3. This act shall take effect on the ninetieth day after it shall
 13 have become a law.

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