Assembly Bill A1310

2019-2020 Legislative Session

Permits tenants heat repair expense to be set off against rent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A1310 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd §302-c, Mult Dwell L; amd §305-c, Mult Res L; amd §235, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4510
2011-2012: A1461
2013-2014: A696
2015-2016: A1009
2017-2018: A4752
2021-2022: A3046
2023-2024: A1099

2019-A1310 (ACTIVE) - Summary

Allows tenants the right to offset rent with payments made for the repair or service maintenance of an oil fired or other heating device where reasonable efforts were made to notify the landlord of the heating failure, the agency used is reasonably engaged in the business of making such repairs and an itemized bill for such service is provided.

2019-A1310 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1310
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, DINOWITZ, JAFFEE -- Multi-Sponsored
   by  --  M. of A. CAHILL, CYMBROWITZ, EPSTEIN, GLICK, GOTTFRIED, PERRY,
   RIVERA -- read once and referred to the Committee on Housing
 
 AN ACT to amend the multiple dwelling law, the  multiple  residence  law
   and  the  real  property law, in relation to tenant's right to set off
   against rent for payments made due to  landlord's  failure  to  supply
   heat in certain cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 302-c of the multiple dwelling  law,  as  added  by
 chapter 85 of the laws of 1980, is amended to read as follows:
   §  302-c. Right of tenant to offset payments for heat failure; certain
 cases. 1. Any tenant acting alone or together with other  tenants  of  a
 multiple  dwelling  employing  an  oil fired OR OTHER heating device for
 which the owner is responsible and wherein there exists a lack  of  heat
 due  to  the owner's failure TO REPAIR OR MAINTAIN THE HEATING DEVICE OR
 to have oil supplied to the premises,  may  contract  and  pay  for  the
 delivery of such oil OR SUCH MAINTENANCE OR REPAIRS, AS THE CASE MAY BE,
 in  accordance  with the provisions of this section. Any payment so made
 shall  be  deductible  from  rent  [providing]  PROVIDED  the  following
 provisions  have been substantially complied with by the tenant or some-
 one acting on his behalf:
   a. Reasonable efforts were made to contact the owner or his  agent  to
 inform  the  owner  of  such  failure  TO REPAIR OR MAINTAIN THE HEATING
 DEVICE OR to supply oil.
   b. Reasonable efforts were made to have the normal REPAIR AND  MAINTE-
 NANCE  SERVICE  AGENCY  UNDERTAKE  THE  SAME  OR TO HAVE THE NORMAL fuel
 supplier to the premises deliver the requested fuel, AS THE CASE MAY BE.
   c. Delivery of fuel oil to the premises, IF  THAT  BE  THE  CASE,  was
 secured  from  a  fuel  supplier regularly engaged in such business at a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03320-01-9
              

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