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

                                 2063--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH  --  Multi-Sponsored by -- M. of A.
  FARRELL -- read once and referred  to  the  Committee  on  Housing  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 enacting the "tenant rights 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 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:

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

                                                           LBD03111-03-3

A. 2063--A                          2

  E. (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 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.

A. 2063--A                          3

  S 7. The multiple dwelling law is amended  by  adding  a  new  section
302-d to read as follows:
  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.

A. 2063--A                          4

  E.  ANY  PERSON,  FIRM,  CORPORATION  OR  EMPLOYEE  THEREOF  PROVIDING
SERVICES  UNDER  THE  PROVISIONS  OF  THIS  SECTION  MUST BE LICENSED TO
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-h to
read as follows:

A. 2063--A                          5

  S 235-H. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF
ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT  TO  THE
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.