New York Assembly Bill A06048 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6048 2023-2024 Regular Sessions  IN ASSEMBLY March 31, 2023 ___________ Introduced by M. of A. TAPIA, DE LOS SANTOS -- 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. 22 c. This subdivision does not limit or abrogate any claim or cause of 23 action a person has under common law or by other law or rule. The EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06119-01-3 
 A. 6048 2 1 provisions of this subdivision are in addition to any other remedies 2 that may be provided for under common law or by other law or rule. 3 d. Nothing contained in this subdivision shall be construed as creat- 4 ing any private right of action against a local government or any agency 5 or employee thereof. 6 § 2. The administrative code of the city of New York is amended by 7 adding a new section 27-2114-a to read as follows: 8 § 27-2114-a Private right of action. a. A lawful occupant of a dwell- 9 ing unit or a group of such occupants in a building may bring an action 10 alleging a violation of this code for failure to keep and maintain self- 11 closing doors in any court of competent jurisdiction. If such court 12 finds that an owner of such building is in violation of such code, such 13 court shall, in addition to any other relief such court determines to be 14 appropriate: 15 1. award to each such occupant (i) compensatory damages and, in such 16 court's discretion, punitive damages or (ii) at the election of each 17 occupant, damages of one thousand dollars; 18 2. award to such occupants reasonable attorneys' fees and court costs; 19 and 20 3. issue an order to such owner to remedy the conditions related to 21 such self-closing doors. 22 b. Such occupant or occupants shall not be relieved of the obligation 23 to pay rent for which such occupant or occupants are otherwise liable to 24 an owner. Any monetary relief awarded to such occupant or occupants 25 pursuant to subdivision a of this section shall be reduced by any amount 26 of delinquent rent or other sum for which such court finds such occupant 27 or occupants to be liable to such owner. 28 c. This section does not limit or abrogate any claim or cause of 29 action a person has under common law or by other law or rule. The 30 provisions of this section are in addition to any other remedies that 31 may be provided for under common law or by other law or rule. 32 d. Nothing contained in this section shall be construed as creating 33 any private right of action against the city or any agency or employee 34 thereof. 35 § 3. This act shall take effect on the ninetieth day after it shall 36 have become a law.