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

                                  5438

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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 and the
  emergency tenant protection act of nineteen seventy-four, in  relation
  to  conditions  precedent  to  the  bringing  of  certain  actions  or
  proceedings

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

  Section  1.  Section  26-412 of the administrative code of the city of
New York is amended by adding a new subdivision g to read as follows:
  G. (1) IT SHALL BE UNLAWFUL FOR A  LANDLORD  TO  BRING  AN  ACTION  OR
PROCEEDING  FOR  RENT OR EVICTION AGAINST A TENANT OR TENANTS OF HOUSING
ACCOMMODATIONS THAT ARE SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR
AN UNCURED, VIOLATION OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS  OF
THE  LANDLORD IN ANY SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A
CERTIFICATE FROM THE DEPARTMENT OF  BUILDINGS  STATING  WHETHER  OR  NOT
THERE  ARE ANY SUCH OUTSTANDING VIOLATIONS. IN THE EVENT THAT A LANDLORD
DISPUTES A VIOLATION, HE OR SHE SHALL SO STATE IN HIS OR  HER  PLEADINGS
HIS OR HER REASONS FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE
ACTION OR PROCEEDING.
  (2)  DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED  TO
THE  LANDLORD,  INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
OR SHE SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH  INTEREST  THEREON.
IF  THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD, SUCH
PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
AND THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD.  IN
THE  EVENT  THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN  ITS  DISCRETION,  APPLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02239-01-3
              

S. 5438                             2

FUNDS  IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
ARE CURRENTLY PROVIDED BY THE LANDLORD,  AND  THE  MAKING  OF  NECESSARY
REPAIRS  IN  THE  PRESENCE  OF  CONDITIONS  THAT THREATEN THE HEALTH AND
WELFARE OF THE TENANT.
  S  2.  The  administrative  code of the city of New York is amended by
adding a new section 26-519.1 to read as follows:
  S 26-519.1 CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A.  IT  SHALL
BE  UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR PROCEEDING FOR RENT OR
EVICTION AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT  ARE
SUBJECT  TO  AN OUTSTANDING OFFICIAL CHARGE OF, OR AN UNCURED, VIOLATION
OF THE BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY  SUCH  ACTION
OR  PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE DEPARTMENT
OF BUILDINGS STATING WHETHER OR  NOT  THERE  ARE  ANY  SUCH  OUTSTANDING
VIOLATIONS. IN THE EVENT THAT A LANDLORD DISPUTES A VIOLATION, HE OR SHE
SHALL  SO  STATE  IN  HIS  OR  HER PLEADINGS HIS OR HER REASONS FOR SUCH
DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION OR PROCEEDING.
  B. DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION,  THE  TENANT
OR  TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED  BY  THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
OR  SHE  SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
IF THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD,  SUCH
PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
AND  THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE  TO  DEMONSTRATE
FINANCIAL  NECESSITY  THEREFOR,  THE COURT MAY, IN ITS DISCRETION, APPLY
FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY
REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
WELFARE OF THE TENANT.
  S  3.  Section  4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of nineteen seventy-four, is amended  by
adding a new section 12-b to read as follows:
  S  12-B.  CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT SHALL BE
UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR  PROCEEDING  FOR  RENT  OR
EVICTION  AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT ARE
SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR AN  UNCURED,  VIOLATION
OF  ANY  APPLICABLE  BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY
SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE
DEPARTMENT OF BUILDINGS STATING  WHETHER  OR  NOT  THERE  ARE  ANY  SUCH
OUTSTANDING  VIOLATIONS.  IN  THE  EVENT  THAT  A  LANDLORD  DISPUTES  A
VIOLATION, HE OR SHE SHALL SO STATE IN HIS OR HER PLEADINGS HIS  OR  HER
REASONS  FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION OR
PROCEEDING.
  B. DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION,  THE  TENANT
OR  TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED  BY  THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
OR  SHE  SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
IF THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD,  SUCH
PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
AND  THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE  TO  DEMONSTRATE
FINANCIAL  NECESSITY  THEREFOR,  THE COURT MAY, IN ITS DISCRETION, APPLY
FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY

S. 5438                             3

REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
WELFARE OF THE TENANT.
  S 4. This act shall take effect immediately; provided that:
  (a)  the  amendment  to  section 26-412 of the city rent and rehabili-
tation law made by section one of this act shall remain  in  full  force
and effect only so 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;
  (b) the addition of section 26-519.1 to the rent stabilization law  of
nineteen hundred sixty-nine made by section two 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; and
  (c)  the  addition  of section 12-b to the emergency tenant protection
act of nineteen seventy-four made by section three  of  this  act  shall
expire  on  the  same  date as such act expires and shall not affect the
expiration of such act as provided in section 17 of chapter 576  of  the
laws of 1974, as amended.