New York A 1352: Establishes a private right of action for tenants alleging a failure to keep and maintain self-closing doors

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A01352 Summary:

BILL NOA01352 

&nbsp

SAME ASSAME AS S06458

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SPONSORTapia

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COSPNSRDe Los Santos, Burdick, Shimsky, Bichotte Hermelyn, Cruz, Taylor, Davila, Raga

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MLTSPNSR

&nbsp

Amd §382, Exec L; add §27-2114-a, NYC Ad Cd

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Establishes a private right of action for tenants alleging a failure to keep and maintain self-closing doors; allows for a court to award compensatory damages, reasonable attorney's fees and court costs and issue an order to the owner of the building to remedy any issue with such doors.

Go to top A01352 Actions:

BILL NOA01352 

&nbsp

01/09/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA01352 Committee&nbspVotes:

Go to topA01352 Floor&nbspVotes:

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

Go to topA01352 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1352

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. TAPIA, DE LOS SANTOS, BURDICK, SHIMSKY,
 BICHOTTE HERMELYN, CRUZ, TAYLOR, DAVILA, RAGA -- read once and
 referred to the Committee on Governmental Operations

 AN ACT to amend the executive law and the administrative code of the
 city of New York, in relation to establishing a private right of
 action for tenants alleging a failure to keep and maintain self-clos-
 ing doors

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

 1 Section 1. Section 382 of the executive law is amended by adding a new
 2 subdivision 5 to read as follows:
 3 5. a. A lawful occupant of a dwelling unit or a group of such occu-
 4 pants in a building may bring an action alleging a violation of the
 5 uniform code for failure to keep and maintain self-closing doors in any
 6 court of competent jurisdiction. If such court finds that an owner of
 7 such building is in violation of such uniform code, such court shall, in
 8 addition to any other relief such court determines to be appropriate:
 9 i. award to each such occupant (A) compensatory damages and, in such
 10 court's discretion, punitive damages or (B) at the election of each
 11 occupant, damages of one thousand dollars;
 12 ii. award to such occupants reasonable attorneys' fees and court
 13 costs; and
 14 iii. issue an order to such owner to remedy the conditions related to
 15 such self-closing doors.
 16 b. Such occupant or occupants shall not be relieved of the obligation
 17 to pay rent for which such occupant or occupants are otherwise liable to
 18 an owner. Any monetary relief awarded to such occupant or occupants
 19 pursuant to paragraph a of this subdivision shall be reduced by any
 20 amount of delinquent rent or other sum for which such court finds such
 21 occupant or occupants to be liable to such owner.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02592-01-5

 A. 1352 2

 1 c. This subdivision does not limit or abrogate any claim or cause of
 2 action a person has under common law or by other law or rule. The
 3 provisions of this subdivision are in addition to any other remedies
 4 that may be provided for under common law or by other law or rule.
 5 d. Nothing contained in this subdivision shall be construed as creat-
 6 ing any private right of action against a local government or any agency
 7 or employee thereof.
 8 § 2. The administrative code of the city of New York is amended by
 9 adding a new section 27-2114-a to read as follows:
 10 § 27-2114-a Private right of action. a. A lawful occupant of a dwell-
 11 ing unit or a group of such occupants in a building may bring an action
 12 alleging a violation of this code for failure to keep and maintain self-
 13 closing doors in any court of competent jurisdiction. If such court
 14 finds that an owner of such building is in violation of such code, such
 15 court shall, in addition to any other relief such court determines to be
 16 appropriate:
 17 1. award to each such occupant (i) compensatory damages and, in such
 18 court's discretion, punitive damages or (ii) at the election of each
 19 occupant, damages of one thousand dollars;
 20 2. award to such occupants reasonable attorneys' fees and court costs;
 21 and