senate Bill S26

Provides for court-ordered rent abatement where the landlord fails to make repairs

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Sponsor

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Permits court to order rent abatement in proceedings or actions to recover rent where the court finds conditions exist to constructively evict the tenant; rent may be abated for each day such condition exists; if court finds a condition which reduces habitability it may reduce rent owed by an amount between 10 and 50 percent of any amount owed.

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Bill Details

See Assembly Version of this Bill:
A2731
Versions:
S26
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง757, RPAP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1278, A3073
2009-2010: S1440, A1363
2007-2008: A596

Sponsor Memo

BILL NUMBER:S26

TITLE OF BILL:
An act
to amend the real property actions and proceedings law, in relation
to the abatement of rent where the landlord fails to make repairs

PURPOSE OR GENERAL IDEA OF BILL:
This bill provides for rent abatement where the landlord fails to make
repairs.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the real property actions and proceedings law by
adding a new section 757.

JUSTIFICATION:
Many tenants refuse to pay their rent because of rundown and
dilapidated conditions in their dwellings. This bill would allow the
court to provide rent abatement to tenants when landlords fail to
make necessary repairs to their property. Tenants should not have to
endure dangerous conditions in their homes and they should not have
to pay rent to a landlord who will not repair these conditions.

PRIOR LEGISLATIVE HISTORY:
2006: S.7069 (Duane), Died in Judiciary
2007: S.2310 (Duane), Died in Judiciary; A.596 (Wright),
Died in Judiciary
2008: S.2310 (Duane), Died in Judiciary; A.596 (Wright),
Died in Judiciary
2009: S.1440 (Duane), Died in Judiciary; A.1363 (Wright),
Died in Judiciary
2010: S.1440 (Duane), Died in Judiciary; A.1363 (Wright),
Died in Judiciary

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next Succeeding
the date on which it shall have become a law.

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

                                   26

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  real  property  actions  and  proceedings  law,  in
  relation  to  the  abatement  of rent where the landlord fails to make
  repairs

  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.
                                                           LBD00700-01-3

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