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A10122 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      May 11, 2016
        Introduced by M. of A. WRIGHT -- read once and referred to the Committee
          on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to prereq-
          uisites and certificate of merit in an eviction proceeding
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 3012-c to read as follows:
     3    § 3012-c. Prerequisites; certificate of merit in an eviction  proceed-
     4  ing  or  an  action  to  deregulate  a  rent-regulated  unit. (a) In any
     5  eviction proceeding premised upon  any  ground  established  by  article
     6  seven  of  the  real  property  actions  and proceedings law; or, in any
     7  action to deregulate a unit that is regulated pursuant to the  emergency
     8  housing  rent control law of nineteen hundred forty-six, the local emer-
     9  gency housing rent control act of nineteen hundred sixty-two, the  emer-
    10  gency tenant protection act of nineteen seventy-four, or the administra-
    11  tive code of the city of New York, the complaint shall be accompanied by
    12  a  certificate of merit. Such certificate shall be signed by an attorney
    13  for the plaintiff, or, where the plaintiff is not represented  by  coun-
    14  sel, by the plaintiff, and shall certify that such attorney or plaintiff
    15  has:
    16    1. reviewed the facts underlying the proceeding or action brought;
    17    2. consulted with the plaintiff, or a representative of the plaintiff,
    18  concerning the proceeding or action brought;
    19    3.  reviewed  documents pertinent to the proceeding or action brought,
    20  including, where applicable, the annual rent registration statement;
    21    4. reviewed plaintiff's,  or  a  representative  of  the  plaintiff's,
    22  attempts to, based upon an implied or expressed covenant of fair dealing
    23  in  good  faith with the tenant, correspond, negotiate, or resolve lease
    24  or tenancy issues, and/or accept payment under the terms of a lease; and
    25    5. determined that, to the best  of  such  attorney's  or  plaintiff's
    26  knowledge,  based upon reasonable inquiries made in due diligence, there
    27  is a reasonable basis for the commencement of the action, and  that  the
    28  plaintiff is entitled to bring the proceeding or action.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10122                            2
     1    (b)  A  copy of the written lease between the plaintiff and defendant;
     2  if an oral lease, documentation establishing defendant's tenancy;  where
     3  applicable,  the  annual  rent  registration statement; and/or any other
     4  documentation supporting the action shall be attached to the certificate
     5  of merit.
     6    (c)  If  a  plaintiff willfully fails to provide a copy of the written
     7  lease between the plaintiff and defendant; if an oral lease,  documenta-
     8  tion establishing defendant's tenancy; where applicable, the annual rent
     9  registration  statement;  and/or  any other documentation supporting the
    10  action, as required by subdivision (b) of this section,  and  the  court
    11  finds,  upon  the  motion of any party or on its own motion on notice to
    12  the parties, that such papers and/or documents were  not  provided,  the
    13  court  shall  dismiss  the  complaint  or make such final or conditional
    14  order with regard to such failure, as is just. Any such dismissal  shall
    15  be without prejudice and shall not be on the merits.
    16    § 2. This act shall take effect immediately.
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