NY State Senate Bill 2009-S3855

Senate Bill S3855

2009-2010 Legislative Session

Provides for the tenant rights omnibus act to provide for certain tenant and rental property maintenance requirements

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to cities
Apr 02, 2009	referred to cities

co-Sponsors

2009-S3855 (ACTIVE) - Details

See Assembly Version of this Bill:: A415
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-413 & 26-515, NYC Ad Cd; amd §3, add §302-d, Mult Dwell L; amd §304, Mult Res L; add §235-g, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S435, A5949
2013-2014: S3172, A2063
2015-2016: S2854, A5751
2017-2018: S3714

2009-S3855 (ACTIVE) - Summary

Provides for the tenant rights omnibus act to provide for certain tenant and rental property maintenance requirements.

2009-S3855 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3855

 TITLE OF BILL :
An act to amend the administrative code of the city of New York, the
multiple dwelling law, the multiple residence law and the real
property law, in relation to the "tenant rights omnibus act"

 PURPOSE :
To authorize administrative proceedings for the enforcement of housing
maintenance codes and a legal basis for the tenant to withhold rent
from the landlord if the warranty of habitability is breached. To give
tenants in cities subject to the multiple dwelling law the right to
repair hazardous violations in their buildings when the building owner
fails to meet his or her obligations. To discourage frivolous,
groundless or bad faith primary-residence eviction attempts.

 SUMMARY OF PROVISIONS :
This bill would authorize localities to establish administrative
proceedings, in addition to judicial proceedings, for the enforcement
of housing maintenance codes.  Administratively imposed penalties
would be docketed and enforced in the same manner as a judgement in a
civil action without judicial proceedings.

Tenants acting alone or together with other tenants in cities subject
to the multiple dwelling law are given the right to repair hazardous
violations in their buildings and deduct the cost of these repairs

from their rents provided they comply with the following conditions:
1) Notice of the violation by certified mail, return receipt
requested, is given to the landlord; and 2) (a) An immediately
hazardous "C" violation has been certified by the New York City
Department of Housing Preservation and Development (HPD), and seven
days have passed since the tenants' written notice was offered for
delivery to the landlord without completion of repairs or commencement
of repairs and a provision in writing of a schedule for completion of
repairs, or (b) A hazardous "B" violation has been certified by HPD
and 14 days have passed since the tenant's written notice was offered
for delivery to the landlord without completion of repairs by the
landlord or commencement of repairs and a provision in writing of a
schedule for completion of repairs.

If a tenant or group of tenants repair a violation without hiring an
outside contractor, they may deduct costs for materials. If a tenant
or group of tenants hire an outside contractor to perform repairs they
may deduct charges for materials and labor provided that reasonable
efforts are made to have the repair work done by qualified workmen at
prevailing rates. If a license to perform the repairs requested is
required by law, a tenant or group of tenants must hire an outside
licensed contractor.

Tenants must receive a written statement itemizing charges for parts
and labor. An individual tenant may deduct a maximum of one thousand
dollars or two months rent, whichever is greater. Two or more tenants
may deduct a maximum of three thousand dollars, or up to ten thousand
dollars if additional notice and an itemized estimate are first given
to the landlord.

The bill would also enable tenants to recover attorneys' fees and
damages in cases where landlords act in bad faith to bring eviction
proceedings against tenants on the basis of non-primary residence.

 JUSTIFICATION :
There is a long-held belief in this country that individuals should
get what they pay for. In commercial law, if you do not receive what
you are promised in a contract, you are entitled to withhold payment
for service or materials ordered. This basic right does not exist in
landlord-tenant law. Even the Warranty of Habitability Law does not
explicitly allow the tenant, on his own, to deduct rent. This bill
provides a legal basis for the tenant to withhold rent from the
landlord if the Warranty of Habitability is breached.

Presently, localities are required to enforce their housing codes
through judicial proceedings. Several localities, however, are slow in
their enforcement measures and in some cases actions are not taken
because the courts are backlogged with summary eviction proceedings.
The most glaring example is New York City which has millions of
outstanding code violations. The amount of fines owed the City from
unenforced violations from scofflaw landlords is substantial. In NYC
and other municipalities, lax code enforcement has been exacerbated by
severe state cutbacks in support for local governments' code
enforcement activities. This bill would simply authorize localities to
adopt administrative proceedings as an alternative to court action for
the enforcement of housing code violations. This alternative could
generate substantial revenues as well as preserve and improve the
quality of the state's housing stock.

Landlords have increasingly brought court actions against tenants in
recent years to eliminate their rent-stabilization protections on the
basis of non-primary residence. In many of these cases, however,
landlords have little reason to believe a non-primary residence
violation exists and have brought actions as a way of forcing tenants
to vacate their apartments, sometimes even ignoring proof submitted by
tenants establishing primary residence. This bill seeks to discourage
this practice by awarding tenants attorneys' fees and damages in cases
where they successfully defend primary residence actions that were
brought in bad faith.

Repair and deduct is a logical extension of the warranty of
habitability. It provides an effective remedy for tenants whose
landlords do not live up to their legal obligation to keep their
premises in good repair. The proposed legislation requires
certification of a hazardous violation by HPD and written notice to
the landlord before repairs are undertaken. Thus, it assures
violations exist, and that the landlord is given ample opportunity to
correct the violation. Since many defects worsen over time, it is also
in the economic interest of both the landlord and tenants to provide
for prompt repair of building violations. The repair and deduct
concept has been enacted by statute and judicial decision in more than
20 states.  In New York, decisions have affirmed a tenant's right to
repair and deduct where reasonable notice is given to the landlord and
repairs are made at a reasonable cost. Legislation enacted in 1980
allows tenants to buy fuel, and deduct the cost from their rent,
provided certain conditions are met. Thus, there is ample precedent
for the repair and deduct remedy.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S3855 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3855

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sens.  KRUEGER, DUANE, HUNTLEY, MONSERRATE -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Cities

AN ACT to amend the administrative code of the city  of  New  York,  the
  multiple dwelling law, the multiple residence law and the real proper-
  ty law, in relation to the "tenant rights omnibus act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title. This act shall be known and may be  cited  as
the "tenant rights omnibus act".
  S 2. Section 26-413 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F.  (1)  IN  ADDITION  TO  THE  REQUIREMENTS  OF  ANY OTHER APPLICABLE
PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO  RECOVER  POSSESSION
OF A DWELLING UNIT PURSUANT TO ITEM TEN OF SUBPARAGRAPH (I) OF PARAGRAPH
TWO  OF  SUBDIVISION  E OF SECTION 26-403 OF THIS CHAPTER, ON THE GROUND
THAT THE DWELLING UNIT IS NOT OCCUPIED BY THE TENANT  AS  SUCH  TENANT'S
PRIMARY  RESIDENCE,  SUCH  OWNER  OR LESSOR SHALL COMMENCE THE ACTION OR
PROCEEDING IN A COURT OF COMPETENT JURISDICTION ONLY UPON A  GOOD  FAITH
BELIEF  THAT  SUCH  DWELLING  UNIT  IS NOT THE PRIMARY RESIDENCE OF SUCH
TENANT.
  (2) IF ANY OWNER OR  LESSOR  COMMENCES  AN  ACTION  OR  PROCEEDING  TO
RECOVER  POSSESSION  OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF
THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE  TO  SUCH  TENANT
FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE
DAMAGES,  IF  ANY,  SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS
REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT.
  S 3. Section 26-515 of the administrative code of the city of New York
is amended by adding a new subdivision e to read as follows:
  E. (1) IN  ADDITION  TO  THE  REQUIREMENTS  OF  ANY  OTHER  APPLICABLE
PROVISION  OF  LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00822-01-9

S. 3855                             2

OF A DWELLING UNIT PURSUANT TO SUBPARAGRAPH  (F)  OF  PARAGRAPH  ONE  OF
SUBDIVISION  A OF SECTION 26-504 OF THIS CHAPTER, ON THE GROUND THAT THE
DWELLING UNIT IS NOT OCCUPIED BY THE TENANT  AS  SUCH  TENANT'S  PRIMARY
RESIDENCE,  SUCH OWNER OR LESSOR SHALL COMMENCE THE ACTION OR PROCEEDING
IN A COURT OF COMPETENT JURISDICTION ONLY UPON A GOOD FAITH BELIEF  THAT
SUCH DWELLING UNIT IS NOT THE PRIMARY RESIDENCE OF SUCH TENANT.
  (2)  IF  ANY  OWNER  OR  LESSOR  COMMENCES  AN ACTION OR PROCEEDING TO
RECOVER POSSESSION OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH  ONE  OF
THIS  SUBDIVISION,  SUCH  OWNER OR LESSOR SHALL BE LIABLE TO SUCH TENANT
FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE
DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER  IS  GREATER,  PLUS
REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT.
  S  4. Paragraphs a and b of subdivision 4 of section 3 of the multiple
dwelling law, as amended by chapter 516 of the laws of 1983, are amended
to read as follows:
  a.  Any city, town or village may make local laws, ordinances,  resol-
utions  or  regulations not less restrictive than those provided in this
chapter and may provide for their  enforcement  by  legal  or  equitable
actions  or proceedings, OR BY ADMINISTRATIVE PROCEEDINGS, and prescribe
the penalties, sanctions and remedies for violations thereof.    In  the
enforcement  and  administration  of  this  chapter  in  a city of three
hundred twenty-five thousand or more persons, the  penalties,  sanctions
and  remedies enacted by local law may be applied, notwithstanding their
inconsistency with this chapter, or the provisions of this chapter.
  b. In a city of three hundred twenty-five thousand  or  more  persons,
such  local  laws  may authorize such actions or proceedings against the
owner, lessee of a whole multiple dwelling, agent or other person having
control of such dwelling, and any  responsible  party,  or  against  the
dwelling in rem. Such local laws may further authorize (1) that civil OR
ADMINISTRATIVELY  IMPOSED  penalties  may be enforced against the person
liable therefor, and that in addition to the methods of enforcement  for
judgments established in the civil practice law and rules, a lien may be
imposed  against  the  premises  and  the rents therefrom; (2) that such
civil OR ADMINISTRATIVELY IMPOSED penalties may be enforced against  the
dwelling by the imposition of a lien against the rents therefrom.
  S  5. Paragraph c of subdivision 4 of section 3 of the multiple dwell-
ing law, as amended by chapter 516 of the laws of 1978,  is  amended  to
read as follows:
  c.    Such  local  laws  may also authorize that all liens upon rents,
whether authorized by state or  local  law,  may  be  satisfied  without
further judicial proceedings by the collection of rents due or to become
due;  AND  MAY FURTHER AUTHORIZE THAT ADMINISTRATIVELY IMPOSED PENALTIES
MAY BE DOCKETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL
ACTION WITHOUT FURTHER JUDICIAL PROCEEDINGS.
  S 6. Section 304 of the multiple residence law is amended by adding  a
new subdivision 3 to read as follows:
  3.  IN  ADDITION  TO  THE PENALTIES IMPOSED IN SUBDIVISION ONE OF THIS
SECTION, ANY CITY, TOWN OR VILLAGE MAY PROVIDE FOR  THE  ENFORCEMENT  OF
THE PROVISIONS OF THIS CHAPTER OR OF LOCAL LAWS, ORDINANCES, RESOLUTIONS
OR REGULATIONS PROMULGATED PURSUANT HERETO BY ADMINISTRATIVE PROCEEDINGS
AND  MAY AUTHORIZE ADMINISTRATIVELY IMPOSED PENALTIES WHICH MAY BE DOCK-
ETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT  IN  A  CIVIL  ACTION
WITHOUT FURTHER JUDICIAL PROCEEDINGS.
  S  7.  The  multiple  dwelling  law is amended by adding a new section
302-d to read as follows:

S. 3855                             3

  S 302-D. RIGHT OF TENANT TO OFFSET PAYMENTS FOR REPAIRS  OF  HAZARDOUS
CONDITIONS;  CERTAIN  CASES.  1. AS USED IN THIS SECTION, UNLESS ANOTHER
MEANING CLEARLY APPEARS FROM THE CONTEXT:
  A.  "DEPARTMENT"  SHALL MEAN THE DEPARTMENT OR AGENCY OF A CITY WITH A
POPULATION OF ONE MILLION OR MORE THAT IS CHARGED  WITH  ENFORCEMENT  OF
HOUSING LAWS;
  B.  "HAZARDOUS  VIOLATION" SHALL MEAN A VIOLATION OF THIS CHAPTER, THE
CITY HOUSING MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE  EXECUTIVE  LAW
OR  THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO IDENTIFIED OR
CLASSIFIED BY THE CITY AS HAZARDOUS TO THE LIFE, HEALTH  AND  SAFETY  OF
THE OCCUPANTS OF A DWELLING;
  C.  "IMMEDIATELY  HAZARDOUS  VIOLATION" SHALL MEAN A VIOLATION OF THIS
CHAPTER, THE CITY HOUSING MAINTENANCE CODE OR ARTICLE  EIGHTEEN  OF  THE
EXECUTIVE  LAW OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO
IDENTIFIED OR CLASSIFIED BY THE CITY AS  IMMEDIATELY  HAZARDOUS  TO  THE
LIFE, HEALTH AND SAFETY OF THE OCCUPANTS OF A DWELLING;
  D. "CITY" SHALL MEAN A CITY TO WHICH THIS CHAPTER APPLIES.
  2.  IN  A CITY, ANY TENANT ACTING ALONE OR TOGETHER WITH OTHER TENANTS
IN A MULTIPLE DWELLING, WHEREIN THERE EXISTS A CONDITION CONSTITUTING  A
HAZARDOUS  OR  IMMEDIATELY HAZARDOUS VIOLATION, MAY CONTRACT AND PAY FOR
THE REPAIR OF SUCH CONDITION IN ACCORDANCE WITH THE PROVISIONS  OF  THIS
SECTION.
  3.  ANY  PAYMENT  SO  MADE SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE
FOLLOWING PROVISIONS HAVE BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT
OR HIS AGENT:
  A. THE LANDLORD OR HIS AGENT HAVE BEEN SENT NOTICE OF  SUCH  HAZARDOUS
OR  IMMEDIATELY  HAZARDOUS  VIOLATION  POSTED  BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED.
  B. IN THE CASE OF AN IMMEDIATELY HAZARDOUS VIOLATION,  SUCH  VIOLATION
HAS  BEEN  CERTIFIED  BY THE DEPARTMENT AND SEVEN DAYS HAVE PASSED AFTER
WRITTEN NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL  SERVICE  TO
THE  LANDLORD OR HIS AGENT WITHOUT COMPLETION OF REPAIRS OR COMMENCEMENT
OF REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
  C. IN THE CASE OF A  HAZARDOUS  VIOLATION,  SUCH  VIOLATION  HAS  BEEN
CERTIFIED  BY  THE  DEPARTMENT AND THIRTY DAYS HAVE PASSED AFTER WRITTEN
NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO THE LAND-
LORD OR HIS AGENT WITHOUT  COMPLETION  OF  REPAIRS  OR  COMMENCEMENT  OF
REPAIRS  OF  SUCH  VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
  4. WHEN A TENANT OR GROUP OF TENANTS CONTRACTS FOR REPAIR WORK  PURSU-
ANT TO THE PROVISIONS OF THIS SECTION, THE FOLLOWING CONDITIONS SHALL BE
MET:
  A.  IF A TENANT OR GROUP OF TENANTS DO NOT HIRE AN OUTSIDE CONTRACTOR,
THEY MAY DEDUCT COSTS FOR MATERIALS.
  B. IF A TENANT OR GROUP OF  TENANTS  HIRE  AN  OUTSIDE  CONTRACTOR  TO
PERFORM  REPAIRS  THEY  MAY  DEDUCT  CHARGES  FOR  MATERIALS  AND LABOR,
PROVIDED THAT REASONABLE EFFORTS ARE MADE TO HAVE THE REPAIR  WORK  DONE
BY QUALIFIED WORKMEN AT PREVAILING RATES.
  C.  TENANTS  MUST  RECEIVE  AN  ITEMIZED BILL FROM THE PERSON, FIRM OR
CORPORATION FROM WHOM MATERIALS OR LABOR ARE PURCHASED.
  D. WHERE A LICENSE TO PERFORM SERVICES IS REQUIRED BY LAW, A TENANT OR
GROUP OF TENANTS SHALL HIRE AN OUTSIDE LICENSED CONTRACTOR.
  E.  ANY  PERSON,  FIRM,  CORPORATION  OR  EMPLOYEE  THEREOF  PROVIDING
SERVICES  UNDER  THE  PROVISIONS  OF  THIS  SECTION  MUST BE LICENSED TO

S. 3855                             4

PERFORM THE REPAIRS REQUESTED BY A TENANT OR GROUP OF TENANTS,  WHERE  A
LICENSE TO PROVIDE SUCH SERVICES IS REQUIRED BY LAW.
  5.  THE  MAXIMUM  AMOUNT  OF MONEY AN INDIVIDUAL TENANT MAY DEDUCT FOR
REPAIR WORK UNDER THE PROVISIONS OF THIS SECTION SHALL BE  ONE  THOUSAND
DOLLARS OR THE SUM OF TWO MONTHS RENT, WHICHEVER IS GREATER. THE MAXIMUM
AMOUNT  OF  MONEY  TWO  OR  MORE  TENANTS ACTING TOGETHER MAY DEDUCT FOR
REPAIR WORK FROM THEIR COMBINED  RENTS  UNDER  THE  PROVISIONS  OF  THIS
SECTION SHALL BE THREE THOUSAND DOLLARS; PROVIDED, HOWEVER, SUCH MAXIMUM
AMOUNT  MAY  BE  TEN  THOUSAND  DOLLARS  IF  IN  ADDITION  TO  THE OTHER
PROVISIONS OF THIS SECTION, THE TENANTS HAVE POSTED BY  CERTIFIED  MAIL,
RETURN RECEIPT REQUESTED, TO THE LANDLORD OR HIS AGENT AN ITEMIZED ESTI-
MATE  FOR  REPAIR  OF  AN  IMMEDIATELY HAZARDOUS VIOLATION PREPARED BY A
QUALIFIED PERSON, FIRM OR CORPORATION AND, WITHIN EIGHT DAYS, THE  LAND-
LORD  HAS NEITHER COMMENCED REPAIR WORK NOR PRESENTED A WRITTEN SCHEDULE
FOR REASONABLE COMPLETION OF THE REPAIR WORK  NECESSARY  TO  REMOVE  THE
IMMEDIATELY HAZARDOUS VIOLATION.
  6.  THE  INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY
STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH  B  OF
SUBDIVISION FOUR OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STAT-
ED  THEREIN.  SUFFICIENT  FOUNDATION  FOR THE ALLOWANCE INTO EVIDENCE OF
SUCH STATEMENT SHALL CONSIST OF THE ORAL TESTIMONY OF ANY  PERSON  NAMED
AS  A  PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON RELATING THE
FACTS AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED.
  7. ANY TENANT WHO HAS IN GOOD FAITH  SECURED  AND  PAID  FOR  REPAIRS,
OTHERWISE IN CONFORMANCE WITH THE PROVISIONS OF THIS SECTION AND AGAINST
WHOM  AN  ACTION OR PROCEEDING TO RECOVER POSSESSION OF THE PREMISES FOR
NONPAYMENT OF RENT OR ANY OTHER ACTION  OR  PROCEEDING  ATTRIBUTABLE  AT
LEAST  IN  PART TO THE TENANT SEEKING OR TAKING A DEDUCTION FROM RENT AS
ALLOWED BY THIS SECTION SHALL, IN ADDITION  TO  ANY  OTHER  AMOUNTS,  BE
ENTITLED  TO  RECOVER  REASONABLE  COSTS  AND ATTORNEY'S FEES AGAINST AN
OWNER BRINGING SUCH ACTION OR PROCEEDING.
  8. NO OWNER OR AGENT SHALL BE  ENTITLED  TO  RECOVER  ANY  AMOUNTS  IN
DAMAGES  FROM  ANY  TENANT OR GROUP OF TENANTS WHO ATTEMPT IN GOOD FAITH
AND ACT REASONABLY IN CARRYING OUT THE INTENDMENT OF THIS SECTION.
  9.  NO OWNER OR AGENT SHALL BE ENTITLED TO SELF-CERTIFICATION IF  SUCH
OWNER  OR AGENT IS FOUND TO HAVE FALSELY SELF-CERTIFIED WITHIN THE IMME-
DIATELY PRECEDING TWELVE MONTH PERIOD TO THE NEW YORK CITY DEPARTMENT OF
HOUSING, PRESERVATION AND DEVELOPMENT.
  10.  THE REMEDY PROVIDED IN THIS SECTION SHALL NOT BE EXCLUSIVE AND  A
COURT  MAY  PROVIDE  SUCH  OTHER RELIEF AS MAY BE JUST AND PROPER IN THE
CIRCUMSTANCES. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR
DENY  ANY  EXISTING  CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE OR COMMON
LAW RIGHT OF A TENANT TO CONTRACT AND PAY FOR ANY GOODS AND SERVICES FOR
SUCH MULTIPLE DWELLING. THIS SECTION SHALL NOT BE CONSTRUED TO  PRECLUDE
ANY  DEFENSE,  COUNTERCLAIM OR CAUSE OF ACTION ASSERTED BY A TENANT THAT
MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE  TO  PROVIDE  ANY
SERVICE.
  11.  ANY  AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS
RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO  PUBLIC
POLICY.
  12.  THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS
TO GIVE EFFECT TO THE PURPOSE SET FORTH HEREIN.
  S 8. The real property law is amended by adding a new section 235-g to
read as follows:
  S 235-G. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF
ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT  TO  THE

S. 3855                             5

TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN-
TY-FOUR  HOURS  OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS OR HER
AGENT, EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING  INSUF-
FICIENT  HEAT  DURING  THE  MONTHS OF NOVEMBER THROUGH MARCH, THE TENANT
SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR
HER RENT PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE  FAILED  TO
PROVIDE HEAT.
  S  9.  This  act  shall take effect immediately and shall apply to all
actions or proceedings pending on or commenced after such date, provided
that the amendments to section 26-413 of the  city  rent  and  rehabili-
tation  law  made  by section two of this act shall remain in full force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision 3 of section 1 of the local emergency housing  rent  control
act  and  provided  further that the amendments to section 26-515 of the
rent stabilization law of nineteen hundred sixty-nine  made  by  section
three  of this act shall expire on the same date as such law expires and
shall not affect the expiration of such law as  provided  under  section
26-520  of  such  law; provided, however, that in any city which has not
heretofore made the classifications referred to in paragraphs b and c of
subdivision 1 of section 302-d of the multiple dwelling law, as added by
section seven of this act such classifications shall be made within  six
months  of the effective date of such section and such section shall not
be deemed to take effect in such city  until  such  classifications  are
made;  provided that the division of housing and community renewal shall
notify the legislative bill drafting commission upon the  occurrence  of
the  enactment  of the legislation provided for in section seven of this
act in order that the commission may maintain  an  accurate  and  timely
effective data base of the official text of the laws of the state of New
York  in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

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Senate Bill S3855

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Cities Committee

co-Sponsors

Thomas K. Duane

Shirley L. Huntley

Hiram Monserrate

Jose M. Serrano

2009-S3855 (ACTIVE) - Details

2009-S3855 (ACTIVE) - Summary

2009-S3855 (ACTIVE) - Sponsor Memo

2009-S3855 (ACTIVE) - Bill Text download pdf

Comments