|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to housing, construction and community development|
|Jan 09, 2013||referred to housing, construction and community development|
senate Bill S1818
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1818 - Details
S1818 - 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.
S1818 - Sponsor Memo
BILL NUMBER:S1818 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to enable tenants throughout New York State to have their oil fired or other heating devices repaired or maintained when their landlord fails to do so. SUMMARY OF SPECIFIC PROVISIONS: Under existing law, tenants are allowed to offset part of their rent to purchase fuel oil because of an owner's failure to supply this oil. This bill would extend these provisions to allow tenants to contract for the repair and maintenance of oil fired or other heating devices. Tenants would be eligible to contract with a repair and maintenance service agency, and would obtain documentation of work done from such agency to back up any rent withholding claim. The Department which enforces these provisions must: 1) maintain a monthly index reflecting the range of prices charged for
S1818 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1818 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. ESPAILLAT, HASSELL-THOMPSON, KRUEGER, MONTGOMERY, PERKINS -- 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 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: S 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02022-01-3
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