senate Bill S26

2013-2014 Legislative Session

Provides for court-ordered rent abatement where the landlord fails to make repairs

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

S26 - Details

See Assembly Version of this Bill:
A2731
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง757, RPAP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1278, A3073
2009-2010: S1440, A1363

S26 - Summary

Permits court to order rent abatement in proceedings or actions to recover rent where the court finds conditions exist to constructively evict the tenant; rent may be abated for each day such condition exists; if court finds a condition which reduces habitability it may reduce rent owed by an amount between 10 and 50 percent of any amount owed.

S26 - Sponsor Memo

S26 - Bill Text download pdf

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

                                   26

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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  real  property  actions  and  proceedings  law,  in
  relation  to  the  abatement  of rent where the landlord fails to make
  repairs

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

  Section 1. The real property actions and proceedings law is amended by
adding a new section 757 to read as follows:
  S  757.  RENT  ABATEMENT  FOR  FAILURE TO MAKE REPAIRS. 1. UPON PROPER
PROOF OF THE EXISTENCE OF A CONDITION THAT IS, IN  THE  OPINION  OF  THE
COURT,  SUCH AS TO CONSTRUCTIVELY EVICT THE TENANT FROM A PORTION OF THE
PREMISES OCCUPIED BY HIM OR HER, THE COURT SHALL STAY ANY PROCEEDING  OR
ACTION  FOR  RENT AND SHALL REDUCE ANY RENT DUE BY A FULL DAY'S RENT FOR
EACH DAY THE CONDITION IS NOT REPAIRED.
  2. IF, IN THE OPINION OF THE COURT, THERE HAS BEEN PROPER PROOF OF THE
EXISTENCE OF A CONDITION WHICH REDUCES THE HABITABILITY OF THE PREMISES,
THE COURT SHALL STAY ANY PROCEEDING OR ACTION FOR RENT AND SHALL  REDUCE
ANY  RENT DUE BY A PERCENTAGE RANGING FROM TEN TO FIFTY PERCENT, REPRES-
ENTING, IN THE OPINION OF  THE  COURT,  THE  REDUCTION  OF  HABITABILITY
CAUSED  BY  THE CONDITIONS IN NEED OF REPAIR, FOR EACH DAY THE CONDITION
IS NOT REPAIRED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00700-01-3

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