senate Bill S3168
(D, WF) 28th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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.
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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