Senate Bill S5278

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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2021-S5278 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
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:
2013-2014: S5438
2015-2016: S593
2017-2018: S3646
2019-2020: S4788
2023-2024: S6769

2021-S5278 (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; establishes 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

2021-S5278 (ACTIVE) - Sponsor Memo

2021-S5278 (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

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