senate Bill S1818

2013-2014 Legislative Session

Permits tenants heat repair expense to be set off against rent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
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

Co-Sponsors

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S1818 - Details

See Assembly Version of this Bill:
A696
Current Committee:
Law Section:
Multiple Dwelling Law
Laws Affected:
Amd §302-c, Mult Dwell L; amd §305-c, Mult Res L; amd §235, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3120, A1461
2009-2010: A4510

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

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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