S 2231: Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

  
  STATE OF NEW YORK ________________________________________________________________________ 2231 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to requir- ing a certificate of merit in proceedings to recover possession of real property 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 403-a to read as follows: 3 § 403-a. Certificate of merit in proceedings to recover possession of 4 real property. (a) In any proceeding under article seven of the real 5 property actions and proceedings law, the petition shall be accompanied 6 by a certificate, signed by the attorney for petitioner, certifying that 7 the attorney has reviewed the facts of the case and that, based on 8 consultation with representatives of petitioner identified in the 9 certificate and the attorney's review of pertinent documents, including 10 the lease, rental records in an action based on non-payment of rent, and 11 any documents that establish any grounds for eviction, to the best of 12 such attorney's knowledge, information and belief there is a reasonable 13 basis for the commencement of such action. If not attached to the notice 14 of petition and petition, a copy of the lease, if any, and any other 15 document relevant to the claims of petitioner, shall be attached to the 16 certificate. 17 (b) Where a certificate is required pursuant to this section, a single 18 certificate shall be filed for each action even if more than one 19 respondent has been named in the petition or is subsequently named. 20 (c) Where the documents required under subdivision (a) of this section 21 are not attached to the notice of petition and petition or to the 22 certificate, the attorney for the petitioner shall attach to the certif- 23 icate supplemental affidavits by such attorney or representative of 24 petitioner attesting that such documents are lost whether by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06091-01-5 
 S. 2231 2 1 destruction, theft or otherwise. Nothing in this subdivision shall 2 replace or abrogate petitioner's obligations as set forth in the New 3 York uniform commercial code. 4 (d) If a petitioner willfully fails to provide copies of the papers 5 and documents required by subdivision (a) of this section and the court 6 finds, upon the motion of any party or on its own motion on notice to 7 the parties, that such papers and documents ought to have been provided, 8 the court may dismiss the petition or issue an order with regard to such 9 failure as is just including but not limited to any costs, attorneys' 10 fees and other fees, relating to the petition. Any such dismissal shall 11 be without prejudice and shall not be on the merits. 12 § 2. This act shall take effect immediately and shall apply to 13 proceedings commenced on or after such date.