S T A T E O F N E W Y O R K
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192
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JEFFRIES, WRIGHT, GLICK -- Multi-Sponsored by --
M. of A. HYER-SPENCER -- read once and referred to the Committee on
Housing
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to conditions precedent to the bringing of certain actions or
proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 26-412 of the administrative code of the city of
New York is amended by adding a new subdivision g to read as follows:
G. (1) IT SHALL BE UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR
PROCEEDING FOR RENT OR EVICTION AGAINST A TENANT OR TENANTS OF HOUSING
ACCOMMODATIONS THAT ARE SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR
AN UNCURED, VIOLATION OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS OF
THE LANDLORD IN ANY SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A
CERTIFICATE FROM THE DEPARTMENT OF BUILDINGS STATING WHETHER OR NOT
THERE ARE ANY SUCH OUTSTANDING VIOLATIONS. IN THE EVENT THAT A LANDLORD
DISPUTES A VIOLATION, HE OR SHE SHALL SO STATE IN HIS OR HER PLEADINGS
HIS OR HER REASONS FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE
ACTION OR PROCEEDING.
(2) DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
OR SHE SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
IF THE DISPUTED VIOLATION IS RESOLVED AGAINST THE LANDLORD, SUCH
PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
AND THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00307-01-9
A. 192 2
FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN ITS DISCRETION, APPLY
FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
ARE CURRENTLY PROVIDED BY THE LANDLORD, AND THE MAKING OF NECESSARY
REPAIRS IN THE PRESENCE OF CONDITIONS THAT THREATEN THE HEALTH AND
WELFARE OF THE TENANT.
S 2. The administrative code of the city of New York is amended by
adding a new section 26-519.1 to read as follows:
S 26-519.1 CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT SHALL
BE UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR PROCEEDING FOR RENT OR
EVICTION AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT ARE
SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR AN UNCURED, VIOLATION
OF THE BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY SUCH ACTION
OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE DEPARTMENT
OF BUILDINGS STATING WHETHER OR NOT THERE ARE ANY SUCH OUTSTANDING
VIOLATIONS. IN THE EVENT THAT A LANDLORD DISPUTES A VIOLATION, HE OR SHE
SHALL SO STATE IN HIS OR HER PLEADINGS HIS OR HER REASONS FOR SUCH
DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION OR PROCEEDING.
B. DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
OR SHE SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
IF THE DISPUTED VIOLATION IS RESOLVED AGAINST THE LANDLORD, SUCH
PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
AND THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN ITS DISCRETION, APPLY
FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
ARE CURRENTLY PROVIDED BY THE LANDLORD, AND THE MAKING OF NECESSARY
REPAIRS IN THE PRESENCE OF CONDITIONS THAT THREATEN THE HEALTH AND
WELFARE OF THE TENANT.
S 3. Section 4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of nineteen seventy-four, is amended by
adding a new section 12-b to read as follows:
S 12-B. CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT SHALL BE
UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR PROCEEDING FOR RENT OR
EVICTION AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT ARE
SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR AN UNCURED, VIOLATION
OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY
SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE
DEPARTMENT OF BUILDINGS STATING WHETHER OR NOT THERE ARE ANY SUCH
OUTSTANDING VIOLATIONS. IN THE EVENT THAT A LANDLORD DISPUTES A
VIOLATION, HE SHALL SO STATE IN HIS PLEADINGS HIS REASONS FOR SUCH
DISPUTE. HE MAY THEN PROCEED WITH THE ACTION OR PROCEEDING.
B. DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON. IF THE
DISPUTED VIOLATION IS RESOLVED AGAINST THE LANDLORD, SUCH PAYMENTS SHALL
FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS AND THE
BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN THE
EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN ITS DISCRETION, APPLY
FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
ARE CURRENTLY PROVIDED BY THE LANDLORD, AND THE MAKING OF NECESSARY
A. 192 3
REPAIRS IN THE PRESENCE OF CONDITIONS THAT THREATEN THE HEALTH AND
WELFARE OF THE TENANT.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided that the
amendment to section 26-412 of the city rent and rehabilitation law made
by section one of this act shall remain in full force and effect only so
long as the public emergency requiring the regulation and control of
residential rents and evictions continues, as provided in subdivision 3
of section 1 of the local emergency housing rent control act; provided
further that the addition of section 26-519.1 to the rent stabilization
law of nineteen hundred sixty-nine made by section two of this act shall
expire on the same date as such law expires and shall not affect the
expiration of such law as provided under section 26-520 of such law; and
provided further that the addition of section 12-b to the emergency
tenant protection act of nineteen seventy-four made by section three of
this act shall expire on the same date as such act expires and shall not
affect the expiration of such act as provided in section 17 of chapter
576 of the laws of 1974, as amended.