Senate Bill S2149

2017-2018 Legislative Session

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

download bill text pdf

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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2017-S2149 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §757, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1440
2011-2012: S1278
2013-2014: S26
2015-2016: S3089

2017-S2149 (ACTIVE) - 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.

2017-S2149 (ACTIVE) - Sponsor Memo

2017-S2149 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2149
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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:
   §  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.
   § 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.
                                                            LBD05716-01-7

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