Senate Bill S3120

2011-2012 Legislative Session

Permits tenants heat repair expense to be set off against rent

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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2011-S3120 (ACTIVE) - Details

See Assembly Version of this Bill:
A1461
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd §302-c, Mult Dwell L; amd §305-c, Mult Res L; amd §235, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4510
2013-2014: S1818, A696
2015-2016: S3609, A1009
2017-2018: S2365, A4752
2019-2020: A1310
2021-2022: A3046
2023-2024: A1099

2011-S3120 (ACTIVE) - Summary

Allows tenants the right to offset rent with payments made for the repair or service maintenance of an oil fired or other heating device where reasonable efforts were made to notify the landlord of the heating failure, the agency used is reasonably engaged in the business of making such repairs and an itemized bill for such service is provided.

2011-S3120 (ACTIVE) - Sponsor Memo

2011-S3120 (ACTIVE) - Bill Text download pdf

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

                                  3120

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 9, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development

AN ACT to amend the multiple dwelling law, the  multiple  residence  law
  and  the  real  property law, in relation to tenant's right to set off
  against rent for payments made due to  landlord's  failure  to  supply
  heat in certain cases

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

  Section 1. Section 302-c of the multiple dwelling  law,  as  added  by
chapter 85 of the laws of 1980, is amended to read as follows:
  S  302-c. Right of tenant to offset payments for heat failure; certain
cases. 1. Any tenant acting alone or together with other  tenants  of  a
multiple  dwelling  employing  an  oil fired OR OTHER heating device for
which the owner is responsible and wherein there exists a lack  of  heat
due  to  the owner's failure TO REPAIR OR MAINTAIN THE HEATING DEVICE OR
to have oil supplied to the premises,  may  contract  and  pay  for  the
delivery of such oil OR SUCH MAINTENANCE OR REPAIRS, AS THE CASE MAY BE,
in  accordance  with the provisions of this section. Any payment so made
shall  be  deductible  from  rent  [providing]  PROVIDED  the  following
provisions  have been substantially complied with by the tenant or some-
one acting on his behalf:
  a. Reasonable efforts were made to contact the owner or his  agent  to
inform  the  owner  of  such  failure  TO REPAIR OR MAINTAIN THE HEATING
DEVICE OR to supply oil.
  b. Reasonable efforts were made to have the normal REPAIR AND  MAINTE-
NANCE  SERVICE  AGENCY  UNDERTAKE  THE  SAME  OR TO HAVE THE NORMAL fuel
supplier to the premises deliver the requested fuel, AS THE CASE MAY BE.
  c. Delivery of fuel oil to the premises, IF  THAT  BE  THE  CASE,  was
secured  from  a  fuel  supplier regularly engaged in such business at a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01768-01-1

              

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