senate Bill S3168

Grants tenants right to withhold portion of rent for failure of landlord to provide heat

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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

  • 31 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Grants tenants right to withhold one-tenth of one month's rent for each day the owner of a multiple dwelling fails to provide heat during winter months, from November to March, where the landlord is given 24 hours notice of insufficient heat.

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Bill Details

See Assembly Version of this Bill:
A251
Versions:
S3168
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S458, A5948
2009-2010: S3858, A414
2007-2008: A8226

Sponsor Memo

BILL NUMBER:S3168

TITLE OF BILL: An act to amend the real property law, in relation to
the right of tenants to withhold rent payments for the landlord's fail-
ure to provide heat

PURPOSE: This bill provides a legal basis for the tenant to withhold
rent from the landlord if the warranty of habitability is breached.

JUSTIFICATION: There is a long-held belief in this country that indi-
viduals 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 with-
hold payment for service or materials ordered. But 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.

LEGISLATIVE HISTORY: 2002: S.6960 2003-04: S.3093 2005-06: S.1457
2007-08: S.3402 2009-10: S.3858 - A.414 Kavanagh

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  3168

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced by Sens. KRUEGER, SERRANO, STAVISKY -- read twice and ordered
  printed,  and when printed to be committed to the Committee on Judici-
  ary

AN ACT to amend the real property law,  in  relation  to  the  right  of
  tenants  to  withhold  rent  payments  for  the  landlord's failure to
  provide heat

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

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  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 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01792-01-3

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