|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|
senate Bill S3177
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3177 - Details
S3177 - Summary
Provides that in cities with a population of one million or more, a tenant or group of tenants, after proper notice to the landlord of the existence of a hazardous violation of housing codes and certification of the existence of such violation by the local agency charged with enforcement of housing codes, may contract for the repair of such condition and offset the price of such repair from his rental payments if the landlord fails to commence work to correct the condition within a certain period after notice is received.
S3177 - Sponsor Memo
BILL NUMBER:S3177 TITLE OF BILL: An act to amend the multiple dwelling law, in relation to the right of tenants to offset payments for repairs of hazardous conditions in certain cases in cities subject to such law PURPOSE: 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. SUMMARY OF PROVISIONS: 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 imme- diately hazardous "C" violation has been certified by the New York City Department of Housing Preservation 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
S3177 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3177 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 Housing, Construction and Community Development AN ACT to amend the multiple dwelling law, in relation to the right of tenants to offset payments for repairs of hazardous conditions in certain cases in cities subject to such law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The multiple dwelling law is amended by adding a new section 302-d to read as follows: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00958-01-3
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