senate Bill S3172

2013-2014 Legislative Session

Provides for the tenant rights act to provide for certain tenant and rental property maintenance requirements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 31, 2013 referred to housing, construction and community development

Co-Sponsors

S3172 - Bill Details

See Assembly Version of this Bill:
A2063A
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-413 & 26-515, NYC Ad Cd; amd §3, add §302-d, Mult Dwell L; amd §304, Mult Res L; add §235-h, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S435, A5949
2009-2010: S3855, A415

S3172 - Bill Texts

view summary

Provides for the tenant rights act to provide for certain tenant and rental property maintenance requirements.

view sponsor memo
BILL NUMBER:S3172

TITLE OF BILL: An act to amend the administrative code of the city of
New York, the multiple dwelling law, the multiple residence law and the
real property law, in relation to enacting the "tenant rights act"

PURPOSE: To authorize administrative proceedings for the enforcement of
housing maintenance codes and a legal basis for the tenant to withhold
rent from the landlord if the warranty of habitability is breached. To
give tenants in cities subject to the multiple dwelling law the right to
repair hazardous violations in their buildings when the building owner
fails to meet his or her obligations. To discourage frivolous, ground-
less or bad faith primary-residence eviction attempts.

SUMMARY OF PROVISIONS: This bill would authorize localities to estab-
lish administrative proceedings, in addition to judicial proceedings,
for the enforcement of housing maintenance codes. Administratively
imposed penalties would be docketed and enforced in the same manner as a
judgement in a civil action without judicial proceedings.

Tenants acting alone or together with other tenants in cities subject to
the multiple dwelling law are given the right to repair hazardous
violations in their buildings and deduct the cost of these repairs from
their rents provided they comply with the following conditions: 1)
Notice of the violation by certified mail, return receipt requested, is
given to the landlord; and 2) (a) An immediately hazardous "C" violation
has been certified by the New York City Department of Housing Preserva-
tion and Development (HPD), and seven days have passed since the
tenants' written notice was offered for delivery to the landlord without
completion of repairs or commencement of repairs and a provision in
writing of a schedule for completion of repairs, or (b) A hazardous "B"
violation has been certified by HPD and 14 days have passed since the
tenant's written notice was offered for delivery to the landlord without
completion of repairs by the landlord or commencement of repairs and a
provision in writing of a schedule for completion of repairs.

If a tenant or group of tenants repair a violation without hiring an
outside contractor, they may deduct costs for materials. 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. If a license to perform the repairs requested is required by law,
a tenant or group of tenants must hire an outside licensed contractor.

Tenants must receive a written statement itemizing charges for parts and
labor. An individual tenant may deduct a maximum of one thousand dollars
or two months rent, whichever is greater. Two or more tenants may deduct
a maximum of three thousand dollars, or up to ten thousand dollars if
additional notice and an itemized estimate are first given to the land-
lord.

The bill would also enable tenants to recover attorneys' fees and
damages in cases where landlords act in bad faith to bring eviction
proceedings against tenants on the basis of non-primary residence.

JUSTIFICATION: There is a long-held belief in this country that indi-
viduals should get what they pay for. In commercial law, if you do not
receive what you are promised in a contract, you are entitled to with-
hold payment for service or materials ordered. This basic right does not
exist in landlord-tenant law. Even the Warranty of Habitability Law does
not explicitly allow the tenant, on his own, to deduct rent. This bill
provides a legal basis for the tenant to withhold rent from the landlord
if the Warranty of Habitability is breached.

Presently, localities are required to enforce their housing codes
through judicial proceedings. Several localities, however, are slow in
their enforcement measures and in some cases actions are not taken
because the courts are backlogged with summary eviction proceedings.
The most glaring example is New York City which has millions of
outstanding code violations. The amount of fines owed the City from
unenforced violations from scofflaw landlords is substantial. In NYC and
other municipalities, lax code enforcement has been exacerbated by
severe state cutbacks in support for local governments' code enforcement
activities. This bill would simply authorize localities to adopt admin-
istrative proceedings as an alternative to court action for the enforce-
ment of housing code violations. This alternative could generate
substantial revenues as well as preserve and improve the quality of the
state's housing stock.

Landlords have increasingly brought court actions against tenants in
recent years to eliminate their rent-stabilization protections on the
basis of non-primary residence. In many of these cases, however, land-
lords have little reason to believe a non-primary residence violation
exists and have brought actions as a way of forcing tenants to vacate
their apartments, sometimes even ignoring proof submitted by tenants
establishing primary residence. This bill seeks to discourage this prac-
tice by awarding tenants attorneys' fees and damages in cases where they
successfully defend primary residence actions that were brought in bad
faith.

Repair and deduct is a logical extension of the warranty of habitabili-
ty. It provides an effective remedy for tenants whose landlords do not
live up to their legal obligation to keep their premises in good repair.
The proposed legislation requires certification of a hazardous violation
by HPD and written notice to the landlord before repairs are undertaken.
Thus, it assures violations exist, and that the landlord is given ample
opportunity to correct the violation. Since many defects worsen over
time, it is also in the economic interest of both the landlord and
tenants to provide for prompt repair of building violations. The repair
and deduct concept has been enacted by statute and judicial decision in
more than 20 states. In New York, decisions have affirmed a tenant's
right to repair and deduct where reasonable notice is given to the land-
lord and repairs are made at a reasonable cost. Legislation enacted in

1980 allows tenants to buy fuel, and deduct the cost from their rent,
provided certain conditions are met. Thus, there is ample precedent for
the repair and deduct remedy.

LEGISLATIVE HISTORY: 2009-2010: S.3855/A.415 2011-2012: S.435/A.5949

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3172

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. KRUEGER, SERRANO -- 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 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 enacting the "tenant rights 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03111-02-3

S. 3172                             2

OF  A  DWELLING  UNIT  PURSUANT  TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
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:

S. 3172                             3

  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

S. 3172                             4

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

S. 3172                             5

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.