BILL NUMBER: S6010
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the real property law, in relation to enforcement of the
warranty of habitability
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend the Real Property Law by granting
the courts discretion to award punitive damages in cases where the
warranty of habitability is breached intentionally or with conscious
disregard to severe risks to the life, health, or safety of the tenant.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Legislative findings and purpose.
Section 2. Section 235-b of the real property law is amended by adding a
new subdivision 4
Section 3. Effective date
 
JUSTIFICATION:
Although the courts have awarded punitive damages for breach of the
warranty of habitability in certain egregious cases, the circumstances
in which punitive damages may be granted are defined solely with respect
to specific fact patterns addressed in existing decisional law. Without
a clear statutory mandate to award punitive damages in egregious cases
where the warranty is breached, the courts may be reluctant to extend
the application of existing case law, even in cases where doing so may
be merited for deterrence purposes. This bill would remedy that problem
by declaring that the policy of the State of New York is to deter inten-
tional violations of the warranty of habitability through awards of
punitive damages when necessary. Accordingly, this bill would amend
section 235-b of the Real Property Law by adding a new subdivision to
the warranty of habitability statute. The new subdivision would grant
courts the authority to issue punitive damage awards as a matter of law
in cases where the warranty is breached intentionally or with a
conscious disregard for the life, health, or safety of the tenant. By
officially sanctioning the use of punitive damage awards as for deter-
rence purposes in egregious cases, this bill enables courts to award
such damages with the imprimitur of the legislature rather than on the
solely analogical and sometimes speculative basis of existing case law.
In doing so, this bill would both codify and expand the bases for case
law. awards of punitive awards under existing decisional law. The cases
currently recognize intentional violations of the warranty as a basis
for punitive damages (See Minjak Co., v. Randolph, 140 A.D.2d 245; 528
N.Y.S.2d 554, 1st Dept 1988), but there is no clear basis in case law
for awarding such damages in cases where conclusive evidence of an
intentional breach is lacking, even though the landlord may have
consciously disregarded severe risk to the health and safety of the
tenants. In those cases, this bill would place such damage awards within
the sound discretion of the court and would provide a clear articulation
of the legislative purpose for authorizing such awards.
This bill is to amend the Real Property Law by granting the courts
discretion to award punitive damages in cases where the warranty of
habitability is breached intentionally or with conscious disregard to
severe risks to the life, health, or safety of the tenant.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S5070 - Referred to Judiciary
2019-20: S.4794 - Referred to Judiciary
2017-18: S.3618 - REFERRED TO JUDICIARY
2015-16: S.2758/A.6750 - Referred to Judiciary
2013-14: S.5474 - Referred to Judiciary
2009-10: A.5662 - Referred to Housing
2007-08: A.9494A - Died in Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This bill would take effect on the ninetieth day after becoming law.

Statutes affected:
S6010: 235-b real property law