senate Bill S1371

2011-2012 Legislative Session

Establishes tenant's rights to repair habitability-impairing conditions and receive offset cost against rent payments under certain conditions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to housing, construction and community development
Jan 07, 2011 referred to housing, construction and community development

Co-Sponsors

view additional co-sponsors

S1371 - Details

Current Committee:
Law Section:
Multiple Residence Law
Laws Affected:
Add §305-b, Mult Res L; add §302-d, Mult Dwell L
Versions Introduced in 2009-2010 Legislative Session:
S1136

S1371 - Summary

Allows tenants in multiple dwellings and multiple residences to offset against rent the cost of repairing habitability-impairing conditions in such dwelling or residence; establishes conditions and procedures therefor.

S1371 - Sponsor Memo

S1371 - Bill Text download pdf

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

                                  1371

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  PERKINS,  DIAZ, DUANE, HASSELL-THOMPSON, KRUEGER,
  OPPENHEIMER, PARKER, SERRANO,  STAVISKY  --  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 multiple residence law and the multiple dwelling
  law, in relation to the correction  of  habitability-impairing  condi-
  tions by the tenant

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The multiple residence law  is  amended  by  adding  a  new
section 305-b to read as follows:
  S 305-B. RIGHT OF TENANT TO OFFSET PAYMENTS FOR HABITABILITY-IMPAIRING
CONDITIONS;  CERTAIN  CASES. 1. ANY TENANT ACTING ALONE OR TOGETHER WITH
OTHER TENANTS OF A MULTIPLE DWELLING WHEREIN THERE EXISTS  ONE  OR  MORE
HABITABILITY-IMPAIRING CONDITIONS DUE TO THE OWNER'S FAILURE TO MAINTAIN
THE  PREMISES, MAY CONTRACT AND PAY FOR THE CORRECTION OF SUCH CONDITION
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. ANY PAYMENT  SO  MADE
SHALL  BE  DEDUCTIBLE  FROM RENT PROVIDING THE FOLLOWING PROVISIONS HAVE
BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT OR SOMEONE ACTING ON  HIS
OR HER BEHALF:
  A.  THE  LANDLORD  OR  HIS  OR HER AGENT WAS GIVEN AT LEAST SEVEN DAYS
WRITTEN NOTICE THAT ACTION WOULD BE TAKEN UNDER THIS SECTION IF  CORREC-
TIVE MEASURES WERE NOT RENDERED.
  B.  REASONABLE EFFORTS WERE MADE TO HAVE THE CONDITION REMEDIED BY THE
LANDLORD'S USUAL TRADESMAN, IF KNOWN TO THE TENANT.
  C. REPAIR OF THE CONDITION WAS MADE BY A TRADESMAN  REGULARLY  ENGAGED
IN THE APPROPRIATE TRADE AT A REASONABLE PRICE.
  D.  THE CONTRACTOR PROVIDED A WRITTEN STATEMENT CONTAINING THE FOLLOW-
ING:
  (1) THE NAME OF THE PERSON OR PERSONS WHO REQUESTED THE SERVICES; AND
  (2) THE DATE, TIME OF AND PREMISES AT WHICH REPAIRS WERE MADE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03346-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.