Senate Bill S5278

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5278
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 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.
              

                                                            LBD00538-02-1

 S. 5278                             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.
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 26-519.1 to read as follows:
   § 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.
   §  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:
   §  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. 5278                             3
 
 REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
 WELFARE OF THE TENANT.
   § 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; and
   (b) the addition of section 26-519.1 to chapter 4 of title 26  of  the
 administrative  code of the city of New York 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.