Assembly Bill A4545

2009-2010 Legislative Session

Requires a landlord to have clean hands to bring action for rent or eviction in certain cases

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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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2009-A4545 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-412, add §26-519.1, NYC Ad Cd; add §12-b, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:
2011-2012: A1612
2013-2014: A505
2015-2016: A604
2017-2018: A3212
2019-2020: A2036
2021-2022: A490
2023-2024: A1853

2009-A4545 (ACTIVE) - Summary

Provides that with respect to apartments covered by rent control, rent stabilization, or the emergency tenant protection act, a landlord must be free of outstanding building code violations to bring an action or proceeding for rent or eviction; provides alternative provisions for disputed violations; requires tenants to pay rent into an interest bearing account to be maintained by the court during the pendency of the dispute over the violation; payments may be made from such account to cover utility bills and the making of necessary repairs if the dispute is resolved in favor of the tenant

2009-A4545 (ACTIVE) - Bill Text download pdf

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

                                  4545

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. ROSENTHAL, JEFFRIES, EDDINGTON, FIELDS, GREENE,
  N. RIVERA, ESPAILLAT, P. RIVERA, LUPARDO, SPANO,  KELLNER,  JAFFEE  --
  Multi-Sponsored  by  --  M.  of A. BENEDETTO, BOYLAND, BRENNAN, ENGLE-
  BRIGHT, GABRYSZAK, GOTTFRIED, GUNTHER, HOOPER, JACOBS, MAISEL,  McENE-
  NY,  PHEFFER,  REILLY  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00307-01-9
              

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