S T A T E O F N E W Y O R K
________________________________________________________________________
3168
2013-2014 Regular Sessions
I N S E N A T E
January 31, 2013
___________
Introduced by Sens. KRUEGER, SERRANO, STAVISKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary
AN ACT to amend the real property law, in relation to the right of
tenants to withhold rent payments for the landlord's failure to
provide heat
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
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 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01792-01-3