S T A T E O F N E W Y O R K
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5949
2011-2012 Regular Sessions
I N A S S E M B L Y
March 3, 2011
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Introduced by M. of A. KAVANAGH -- Multi-Sponsored by -- M. of A.
FARRELL -- read once and referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York, the
multiple dwelling law, the multiple residence law and the real proper-
ty law, in relation to the "tenant rights omnibus act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "tenant rights omnibus act".
S 2. Section 26-413 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
F. (1) IN ADDITION TO THE REQUIREMENTS OF ANY OTHER APPLICABLE
PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION
OF A DWELLING UNIT PURSUANT TO ITEM TEN OF SUBPARAGRAPH (I) OF PARAGRAPH
TWO OF SUBDIVISION E OF SECTION 26-403 OF THIS CHAPTER, ON THE GROUND
THAT THE DWELLING UNIT IS NOT OCCUPIED BY THE TENANT AS SUCH TENANT'S
PRIMARY RESIDENCE, SUCH OWNER OR LESSOR SHALL COMMENCE THE ACTION OR
PROCEEDING IN A COURT OF COMPETENT JURISDICTION ONLY UPON A GOOD FAITH
BELIEF THAT SUCH DWELLING UNIT IS NOT THE PRIMARY RESIDENCE OF SUCH
TENANT.
(2) IF ANY OWNER OR LESSOR COMMENCES AN ACTION OR PROCEEDING TO
RECOVER POSSESSION OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF
THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE TO SUCH TENANT
FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE
DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS
REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT.
S 3. Section 26-515 of the administrative code of the city of New York
is amended by adding a new subdivision e to read as follows:
E. (1) IN ADDITION TO THE REQUIREMENTS OF ANY OTHER APPLICABLE
PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION
OF A DWELLING UNIT PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00947-01-1
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SUBDIVISION A OF SECTION 26-504 OF THIS CHAPTER, ON THE GROUND THAT THE
DWELLING UNIT IS NOT OCCUPIED BY THE TENANT AS SUCH TENANT'S PRIMARY
RESIDENCE, SUCH OWNER OR LESSOR SHALL COMMENCE THE ACTION OR PROCEEDING
IN A COURT OF COMPETENT JURISDICTION ONLY UPON A GOOD FAITH BELIEF THAT
SUCH DWELLING UNIT IS NOT THE PRIMARY RESIDENCE OF SUCH TENANT.
(2) IF ANY OWNER OR LESSOR COMMENCES AN ACTION OR PROCEEDING TO
RECOVER POSSESSION OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF
THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE TO SUCH TENANT
FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE
DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS
REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT.
S 4. Paragraphs a and b of subdivision 4 of section 3 of the multiple
dwelling law, as amended by chapter 516 of the laws of 1983, are amended
to read as follows:
a. Any city, town or village may make local laws, ordinances, resol-
utions or regulations not less restrictive than those provided in this
chapter and may provide for their enforcement by legal or equitable
actions or proceedings, OR BY ADMINISTRATIVE PROCEEDINGS, and prescribe
the penalties, sanctions and remedies for violations thereof. In the
enforcement and administration of this chapter in a city of three
hundred twenty-five thousand or more persons, the penalties, sanctions
and remedies enacted by local law may be applied, notwithstanding their
inconsistency with this chapter, or the provisions of this chapter.
b. In a city of three hundred twenty-five thousand or more persons,
such local laws may authorize such actions or proceedings against the
owner, lessee of a whole multiple dwelling, agent or other person having
control of such dwelling, and any responsible party, or against the
dwelling in rem. Such local laws may further authorize (1) that civil OR
ADMINISTRATIVELY IMPOSED penalties may be enforced against the person
liable therefor, and that in addition to the methods of enforcement for
judgments established in the civil practice law and rules, a lien may be
imposed against the premises and the rents therefrom; (2) that such
civil OR ADMINISTRATIVELY IMPOSED penalties may be enforced against the
dwelling by the imposition of a lien against the rents therefrom.
S 5. Paragraph c of subdivision 4 of section 3 of the multiple dwell-
ing law, as amended by chapter 516 of the laws of 1978, is amended to
read as follows:
c. Such local laws may also authorize that all liens upon rents,
whether authorized by state or local law, may be satisfied without
further judicial proceedings by the collection of rents due or to become
due; AND MAY FURTHER AUTHORIZE THAT ADMINISTRATIVELY IMPOSED PENALTIES
MAY BE DOCKETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL
ACTION WITHOUT FURTHER JUDICIAL PROCEEDINGS.
S 6. Section 304 of the multiple residence law is amended by adding a
new subdivision 3 to read as follows:
3. IN ADDITION TO THE PENALTIES IMPOSED IN SUBDIVISION ONE OF THIS
SECTION, ANY CITY, TOWN OR VILLAGE MAY PROVIDE FOR THE ENFORCEMENT OF
THE PROVISIONS OF THIS CHAPTER OR OF LOCAL LAWS, ORDINANCES, RESOLUTIONS
OR REGULATIONS PROMULGATED PURSUANT HERETO BY ADMINISTRATIVE PROCEEDINGS
AND MAY AUTHORIZE ADMINISTRATIVELY IMPOSED PENALTIES WHICH MAY BE DOCK-
ETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION
WITHOUT FURTHER JUDICIAL PROCEEDINGS.
S 7. The multiple dwelling law is amended by adding a new section
302-d to read as follows:
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S 302-D. RIGHT OF TENANT TO OFFSET PAYMENTS FOR REPAIRS OF HAZARDOUS
CONDITIONS; CERTAIN CASES. 1. AS USED IN THIS SECTION, UNLESS ANOTHER
MEANING CLEARLY APPEARS FROM THE CONTEXT:
A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OR AGENCY OF A CITY WITH A
POPULATION OF ONE MILLION OR MORE THAT IS CHARGED WITH ENFORCEMENT OF
HOUSING LAWS;
B. "HAZARDOUS VIOLATION" SHALL MEAN A VIOLATION OF THIS CHAPTER, THE
CITY HOUSING MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE EXECUTIVE LAW
OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO IDENTIFIED OR
CLASSIFIED BY THE CITY AS HAZARDOUS TO THE LIFE, HEALTH AND SAFETY OF
THE OCCUPANTS OF A DWELLING;
C. "IMMEDIATELY HAZARDOUS VIOLATION" SHALL MEAN A VIOLATION OF THIS
CHAPTER, THE CITY HOUSING MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE
EXECUTIVE LAW OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO
IDENTIFIED OR CLASSIFIED BY THE CITY AS IMMEDIATELY HAZARDOUS TO THE
LIFE, HEALTH AND SAFETY OF THE OCCUPANTS OF A DWELLING;
D. "CITY" SHALL MEAN A CITY TO WHICH THIS CHAPTER APPLIES.
2. IN A CITY, ANY TENANT ACTING ALONE OR TOGETHER WITH OTHER TENANTS
IN A MULTIPLE DWELLING, WHEREIN THERE EXISTS A CONDITION CONSTITUTING A
HAZARDOUS OR IMMEDIATELY HAZARDOUS VIOLATION, MAY CONTRACT AND PAY FOR
THE REPAIR OF SUCH CONDITION IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION.
3. ANY PAYMENT SO MADE SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE
FOLLOWING PROVISIONS HAVE BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT
OR HIS AGENT:
A. THE LANDLORD OR HIS AGENT HAVE BEEN SENT NOTICE OF SUCH HAZARDOUS
OR IMMEDIATELY HAZARDOUS VIOLATION POSTED BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED.
B. IN THE CASE OF AN IMMEDIATELY HAZARDOUS VIOLATION, SUCH VIOLATION
HAS BEEN CERTIFIED BY THE DEPARTMENT AND SEVEN DAYS HAVE PASSED AFTER
WRITTEN NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO
THE LANDLORD OR HIS AGENT WITHOUT COMPLETION OF REPAIRS OR COMMENCEMENT
OF REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
C. IN THE CASE OF A HAZARDOUS VIOLATION, SUCH VIOLATION HAS BEEN
CERTIFIED BY THE DEPARTMENT AND THIRTY DAYS HAVE PASSED AFTER WRITTEN
NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO THE LAND-
LORD OR HIS AGENT WITHOUT COMPLETION OF REPAIRS OR COMMENCEMENT OF
REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
4. WHEN A TENANT OR GROUP OF TENANTS CONTRACTS FOR REPAIR WORK PURSU-
ANT TO THE PROVISIONS OF THIS SECTION, THE FOLLOWING CONDITIONS SHALL BE
MET:
A. IF A TENANT OR GROUP OF TENANTS DO NOT HIRE AN OUTSIDE CONTRACTOR,
THEY MAY DEDUCT COSTS FOR MATERIALS.
B. IF A TENANT OR GROUP OF TENANTS HIRE AN OUTSIDE CONTRACTOR TO
PERFORM REPAIRS THEY MAY DEDUCT CHARGES FOR MATERIALS AND LABOR,
PROVIDED THAT REASONABLE EFFORTS ARE MADE TO HAVE THE REPAIR WORK DONE
BY QUALIFIED WORKMEN AT PREVAILING RATES.
C. TENANTS MUST RECEIVE AN ITEMIZED BILL FROM THE PERSON, FIRM OR
CORPORATION FROM WHOM MATERIALS OR LABOR ARE PURCHASED.
D. WHERE A LICENSE TO PERFORM SERVICES IS REQUIRED BY LAW, A TENANT OR
GROUP OF TENANTS SHALL HIRE AN OUTSIDE LICENSED CONTRACTOR.
E. ANY PERSON, FIRM, CORPORATION OR EMPLOYEE THEREOF PROVIDING
SERVICES UNDER THE PROVISIONS OF THIS SECTION MUST BE LICENSED TO
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PERFORM THE REPAIRS REQUESTED BY A TENANT OR GROUP OF TENANTS, WHERE A
LICENSE TO PROVIDE SUCH SERVICES IS REQUIRED BY LAW.
5. THE MAXIMUM AMOUNT OF MONEY AN INDIVIDUAL TENANT MAY DEDUCT FOR
REPAIR WORK UNDER THE PROVISIONS OF THIS SECTION SHALL BE ONE THOUSAND
DOLLARS OR THE SUM OF TWO MONTHS RENT, WHICHEVER IS GREATER. THE MAXIMUM
AMOUNT OF MONEY TWO OR MORE TENANTS ACTING TOGETHER MAY DEDUCT FOR
REPAIR WORK FROM THEIR COMBINED RENTS UNDER THE PROVISIONS OF THIS
SECTION SHALL BE THREE THOUSAND DOLLARS; PROVIDED, HOWEVER, SUCH MAXIMUM
AMOUNT MAY BE TEN THOUSAND DOLLARS IF IN ADDITION TO THE OTHER
PROVISIONS OF THIS SECTION, THE TENANTS HAVE POSTED BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, TO THE LANDLORD OR HIS AGENT AN ITEMIZED ESTI-
MATE FOR REPAIR OF AN IMMEDIATELY HAZARDOUS VIOLATION PREPARED BY A
QUALIFIED PERSON, FIRM OR CORPORATION AND, WITHIN EIGHT DAYS, THE LAND-
LORD HAS NEITHER COMMENCED REPAIR WORK NOR PRESENTED A WRITTEN SCHEDULE
FOR REASONABLE COMPLETION OF THE REPAIR WORK NECESSARY TO REMOVE THE
IMMEDIATELY HAZARDOUS VIOLATION.
6. THE INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY
STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH B OF
SUBDIVISION FOUR OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STAT-
ED THEREIN. SUFFICIENT FOUNDATION FOR THE ALLOWANCE INTO EVIDENCE OF
SUCH STATEMENT SHALL CONSIST OF THE ORAL TESTIMONY OF ANY PERSON NAMED
AS A PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON RELATING THE
FACTS AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED.
7. ANY TENANT WHO HAS IN GOOD FAITH SECURED AND PAID FOR REPAIRS,
OTHERWISE IN CONFORMANCE WITH THE PROVISIONS OF THIS SECTION AND AGAINST
WHOM AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF THE PREMISES FOR
NONPAYMENT OF RENT OR ANY OTHER ACTION OR PROCEEDING ATTRIBUTABLE AT
LEAST IN PART TO THE TENANT SEEKING OR TAKING A DEDUCTION FROM RENT AS
ALLOWED BY THIS SECTION SHALL, IN ADDITION TO ANY OTHER AMOUNTS, BE
ENTITLED TO RECOVER REASONABLE COSTS AND ATTORNEY'S FEES AGAINST AN
OWNER BRINGING SUCH ACTION OR PROCEEDING.
8. NO OWNER OR AGENT SHALL BE ENTITLED TO RECOVER ANY AMOUNTS IN
DAMAGES FROM ANY TENANT OR GROUP OF TENANTS WHO ATTEMPT IN GOOD FAITH
AND ACT REASONABLY IN CARRYING OUT THE INTENDMENT OF THIS SECTION.
9. NO OWNER OR AGENT SHALL BE ENTITLED TO SELF-CERTIFICATION IF SUCH
OWNER OR AGENT IS FOUND TO HAVE FALSELY SELF-CERTIFIED WITHIN THE IMME-
DIATELY PRECEDING TWELVE MONTH PERIOD TO THE NEW YORK CITY DEPARTMENT OF
HOUSING, PRESERVATION AND DEVELOPMENT.
10. THE REMEDY PROVIDED IN THIS SECTION SHALL NOT BE EXCLUSIVE AND A
COURT MAY PROVIDE SUCH OTHER RELIEF AS MAY BE JUST AND PROPER IN THE
CIRCUMSTANCES. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR
DENY ANY EXISTING CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE OR COMMON
LAW RIGHT OF A TENANT TO CONTRACT AND PAY FOR ANY GOODS AND SERVICES FOR
SUCH MULTIPLE DWELLING. THIS SECTION SHALL NOT BE CONSTRUED TO PRECLUDE
ANY DEFENSE, COUNTERCLAIM OR CAUSE OF ACTION ASSERTED BY A TENANT THAT
MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE TO PROVIDE ANY
SERVICE.
11. ANY AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS
RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC
POLICY.
12. THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS
TO GIVE EFFECT TO THE PURPOSE SET FORTH HEREIN.
S 8. The real property law is amended by adding a new section 235-h to
read as follows:
S 235-H. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF
ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT TO THE
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TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN-
TY-FOUR HOURS OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS OR HER
AGENT, EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING INSUF-
FICIENT HEAT DURING THE MONTHS OF NOVEMBER THROUGH MARCH, THE TENANT
SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR
HER RENT PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE FAILED TO
PROVIDE HEAT.
S 9. This act shall take effect immediately and shall apply to all
actions or proceedings pending on or commenced after such date, provided
that the amendments to section 26-413 of the city rent and rehabili-
tation law made by section two of this act shall remain in full force
and effect only as 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; and provided further that the amendments to section 26-515 of the
rent stabilization law of nineteen hundred sixty-nine made by section
three 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; provided, however, that in any city which has not
heretofore made the classifications referred to in paragraphs b and c of
subdivision 1 of section 302-d of the multiple dwelling law, as added by
section seven of this act such classifications shall be made within six
months of the effective date of such section and such section shall not
be deemed to take effect in such city until such classifications are
made; provided that the division of housing and community renewal shall
notify the legislative bill drafting commission upon the occurrence of
the enactment of the legislation provided for in section seven of this
act in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.