File #: Int 2312-2021    Version: Name: Limiting fees associated with vacating a premises.
Type: Introduction Status: Enacted
Committee: Committee on Housing and Buildings
On agenda: 5/12/2021
Enactment date: 12/24/2021 Law number: 2021/169
Title: A Local Law to amend the administrative code of the city of New York, in relation to limiting fees associated with vacating a premises
Sponsors: Kevin C. Riley, Keith Powers , Mark Treyger, Helen K. Rosenthal
Council Member Sponsors: 4
Summary: Where a tenant vacates a residential dwelling unit in violation of the terms of a lease, subject to the mitigation provisions already provided in state law, pursuant to section 227-e of the Real Property Law, this bill would limit the resulting fees recoverable by the landlord to the fair market cost necessary to prepare the residential dwelling unit for rental. The landlord would also be required to provide an itemized list to the tenant demonstrating how such fair market cost was calculated.
Attachments: 1. Summary of Int. No. 2312-A, 2. Summary of Int. No. 2312, 3. Int. No. 2312, 4. May 12, 2021 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 5-12-21, 6. Minutes of the Stated Meeting - May 12, 2021, 7. Committee Report 11/9/21, 8. Hearing Testimony 11/9/21, 9. Hearing Transcript 11/9/21, 10. Proposed Int. No. 2312-A - 11/16/21, 11. Committee Report 11/22/21, 12. Hearing Transcript 11/22/21, 13. Committee Report - Stated Meeting, 14. November 23, 2021 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 11-23-21, 16. Int. No. 2312-A (FINAL), 17. Fiscal Impact Statement, 18. Legislative Documents - Letter to the Mayor, 19. Local Law 169, 20. Minutes of the Stated Meeting - November 23, 2021
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/24/2021AKevin C. Riley Administration City Charter Rule Adopted  Action details Meeting details Not available
12/23/2021AKevin C. Riley City Council Returned Unsigned by Mayor  Action details Meeting details Not available
11/23/2021AKevin C. Riley City Council Sent to Mayor by Council  Action details Meeting details Not available
11/23/2021AKevin C. Riley City Council Approved by CouncilPass Action details Meeting details Not available
11/22/2021*Kevin C. Riley Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
11/22/2021*Kevin C. Riley Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
11/22/2021*Kevin C. Riley Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
11/22/2021AKevin C. Riley Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
11/9/2021*Kevin C. Riley Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
11/9/2021*Kevin C. Riley Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
5/12/2021*Kevin C. Riley City Council Referred to Comm by Council  Action details Meeting details Not available
5/12/2021*Kevin C. Riley City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2312-A

 

By Council Members Riley, Powers, Treyger and Rosenthal

 

A Local Law to amend the administrative code of the city of New York, in relation to limiting fees associated with vacating a premises

 

Be it enacted by the Council as follows:

 

Section 1. Title 26 of the administrative code of the city of New York is amended by adding a new chapter 33 to read as follows:

CHAPTER 33

FEES ASSOCIATED WITH VACATING A PREMISES

 

§ 26-3301 Definitions. As used in this chapter, the term “duty to mitigate damages” means the duty of a landlord to mitigate damages pursuant to section 227-e of the real property law.

§ 26-3302 Limitation of fees. Where a landlord has a duty to mitigate damages, such landlord may not recover from a tenant any amount in excess of the fair market cost necessary to prepare the physical conditions of the premises for rental. In seeking such amount from a tenant, such landlord must provide an itemized list to such tenant demonstrating the calculation of such amount.

§ 2. This local law shall take effect 180 days after becoming law, provided that it shall apply only to leases entered into on or after such date.

 

APB/GZ

LS 14520/14635/14875/14884

11/15/21 9:48pm