S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 6, 2011
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
AN ACT to amend the real property actions and proceedings law, in
relation to the abatement of rent where the landlord fails to make
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property actions and proceedings law is amended by
adding a new section 757 to read as follows:
S 757. RENT ABATEMENT FOR FAILURE TO MAKE REPAIRS. 1. UPON PROPER
PROOF OF THE EXISTENCE OF A CONDITION THAT IS, IN THE OPINION OF THE
COURT, SUCH AS TO CONSTRUCTIVELY EVICT THE TENANT FROM A PORTION OF THE
PREMISES OCCUPIED BY HIM OR HER, THE COURT SHALL STAY ANY PROCEEDING OR
ACTION FOR RENT AND SHALL REDUCE ANY RENT DUE BY A FULL DAY'S RENT FOR
EACH DAY THE CONDITION IS NOT REPAIRED.
2. IF, IN THE OPINION OF THE COURT, THERE HAS BEEN PROPER PROOF OF THE
EXISTENCE OF A CONDITION WHICH REDUCES THE HABITABILITY OF THE PREMISES,
THE COURT SHALL STAY ANY PROCEEDING OR ACTION FOR RENT AND SHALL REDUCE
ANY RENT DUE BY A PERCENTAGE RANGING FROM TEN TO FIFTY PERCENT, REPRES-
ENTING, IN THE OPINION OF THE COURT, THE REDUCTION OF HABITABILITY
CAUSED BY THE CONDITIONS IN NEED OF REPAIR, FOR EACH DAY THE CONDITION
IS NOT REPAIRED.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.