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File #: Int 2312-2021    Version: * Name: Limiting fees associated with vacating a premises.
Type: Introduction Status: Committee
Committee: Committee on Housing and Buildings
On agenda: 5/12/2021
Enactment date: Law number:
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 premises in violation of the terms of a lease, this bill would limit the resulting damages recoverable by certain landlords to the mitigated damages allowed pursuant to Real Property Law section 227-e.
Attachments: 1. Summary of Int. No. 2312, 2. Int. No. 2312, 3. May 12, 2021 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 5-12-21, 5. Minutes of the Stated Meeting - May 12, 2021

Int. No. 2312

 

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 30 to read as follows:

CHAPTER 30

FEES ASSOCIATED WITH VACATING A PREMISES

 

§ 26-3001 Definitions. As used in this chapter, the following terms have the following meanings:

Duty to mitigate damages. 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.

Mitigated damages. The term “mitigated damages” means the amount of damages that a landlord may collect where such landlord has a duty to mitigate damages and where a tenant vacates a premises in violation of the terms of a lease.

§ 26-3002 Limitation of fees. Where a landlord has a duty to mitigate damages, and where a tenant vacates a premises in violation of the terms of a lease, any payment, fee or charge resulting from such violation shall be limited to mitigated damages.

§ 2. This local law shall take effect immediately

 

APB

LS 14520/14635/14875/14884

12/7/20 12:03pm