Assembly Bill A604

2015-2016 Legislative Session

Requires a landlord to have clean hands to bring action for rent or eviction in certain cases

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A604 (ACTIVE) - Details

See Senate Version of this Bill:
S593
Current Committee:
Assembly Housing
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-412, add §26-519.1, NYC Ad Cd; add §12-b, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:
2009-2010: A192, A4545
2011-2012: A1612
2013-2014: A505, S5438
2017-2018: A3212, S3646
2019-2020: A2036, S4788
2021-2022: A490, S5278
2023-2024: A1853, S6769

2015-A604 (ACTIVE) - Summary

Provides that with respect to apartments covered by rent control, rent stabilization, or the emergency tenant protection act, a landlord must be free of outstanding building code violations to bring an action or proceeding for rent or eviction; provides alternative provisions for disputed violations; requires tenants to pay rent into an interest bearing account to be maintained by the court during the pendency of the dispute over the violation; payments may be made from such account to cover utility bills and the making of necessary repairs if the dispute is resolved in favor of the tenant

2015-A604 (ACTIVE) - Bill Text download pdf

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

                                   604

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. ROSENTHAL, CLARK, GOTTFRIED, KAVANAGH, DINOWITZ
  -- Multi-Sponsored by -- M.  of  A.  COLTON,  FARRELL,  GLICK,  PERRY,
  ROBINSON, WRIGHT -- read once and referred to the Committee on Housing

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

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

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