S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2453
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the real property  law,  in  relation  to  enacting  the
   tenant repair reconciliation act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be  cited  as  the  "tenant
 repair reconciliation act".
   § 2. The real property law is amended by adding a new section 235-j to
 read as follows:
   §  235-J.  REPAIRS;  CERTAIN MULTIPLE DWELLINGS. 1.  THE PROVISIONS OF
 THIS SECTION SHALL APPLY TO ANY MULTIPLE DWELLING  CONTAINING  FIFTY  OR
 MORE  SEPARATE UNITS, LOCATED IN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE, WHERE THE PAYMENT OF RENT FOR AT LEAST ONE  OF  SUCH  UNITS  IS
 FULLY  OR  PARTIALLY  SUBSIDIZED  BY  THE  STATE  OR FEDERAL GOVERNMENT,
 INCLUDING  DWELLINGS  PRIVATELY  OR  PUBLICLY  OWNED  OR  MANAGED.   THE
 PROVISIONS  OF  THIS  SECTION  SHALL  APPLY TO INDIVIDUAL UNITS WITHIN A
 MULTIPLE DWELLING COVERED BY THIS SECTION, AND TO ALL COMMON AREAS WITH-
 IN AND SURROUNDING SUCH MULTIPLE DWELLING.
   2. NOTWITHSTANDING ANY LAW, RULE OR  REGULATION  TO  THE  CONTRARY,  A
 LANDLORD OF A MULTIPLE DWELLING COVERED BY THIS SECTION SHALL REPAIR ANY
 CONDITIONS SUCH LANDLORD OTHERWISE HAS A DUTY TO REPAIR UNDER LAW, WITH-
 IN THIRTY DAYS OF RECEIPT OF WRITTEN NOTICE OF SUCH CONDITIONS.
   3.  A TENANT OF A MULTIPLE DWELLING COVERED BY THIS SECTION MAY REPORT
 A VIOLATION OF SUBDIVISION TWO OF THIS SECTION  BY  A  LANDLORD  TO  THE
 DIVISION.  UPON RECEIPT OF A REPORT OF A VIOLATION OF SUBDIVISION TWO OF
 THIS SECTION BY A LANDLORD, THE DIVISION SHALL ISSUE TO SUCH LANDLORD  A
 MANDATORY  ORDER  TO  REPAIR THE CONDITIONS UPON WHICH SUCH VIOLATION IS
 PREDICATED. AFTER FIFTEEN DAYS OF THE ISSUANCE OF SUCH  MANDATORY  ORDER
 TO  REPAIR, THE DIVISION SHALL INSPECT SUCH REPORTED VIOLATION. IF, UPON
 SUCH INSPECTION, THE DIVISION FINDS THAT SUCH  LANDLORD  HAS  FAILED  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06792-01-3
              

 A. 2453                             2
 
 REPAIR  SUCH CONDITIONS, SUCH LANDLORD SHALL BE SUBJECT TO A FINE OF ONE
 THOUSAND DOLLARS. FOR EVERY FIFTEEN DAYS FOLLOWING SUCH INSPECTION WHERE
 SUCH CONDITION REMAINS UNREPAIRED, SUCH LANDLORD SHALL BE SUBJECT TO  AN
 ADDITIONAL FIFTEEN HUNDRED DOLLAR FINE.
   4.  A TENANT OF A MULTIPLE DWELLING COVERED BY THIS SECTION MAY CHOOSE
 TO REPAIR A CONDITION THAT THE LANDLORD OF SUCH MULTIPLE DWELLING OTHER-
 WISE HAS A DUTY TO REPAIR UNDER LAW. BEFORE BEGINNING SUCH REPAIR,  SUCH
 TENANT SHALL NOTIFY SUCH LANDLORD OF SUCH TENANT'S INTENT TO REPAIR SUCH
 CONDITIONS.  SUCH  TENANT  SHALL  KEEP  AN  ACCURATE  RECORD OF EXPENSES
 INCURRED BY REPAIRING SUCH CONDITIONS, AND SHALL EITHER (A) BE  ENTITLED
 TO  PAYMENT  FROM  SUCH  LANDLORD OF SUCH AMOUNT, WITHIN FIFTEEN DAYS OF
 NOTICE TO SUCH LANDLORD OF SUCH EXPENSES INCURRED, OR (B) BE ENTITLED TO
 DEDUCT SUCH AMOUNT FROM FUTURE RENT OWED TO SUCH LANDLORD.
   5. ANY CONDITION IN NEED OF REPAIR CAUSED BY A TENANT  OF  A  MULTIPLE
 DWELLING  COVERED  BY THIS SECTION, OR BY A PERSON OR PERSONS UNDER SUCH
 TENANT'S DIRECTION OR CONTROL, SHALL NOT BE SUBJECT TO THE PROVISIONS OF
 THIS SECTION.
   6. THE COMPTROLLER OF THE CITY OF NEW YORK SHALL CREATE  A  FUND  INTO
 WHICH  PENALTIES COLLECTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION
 SHALL BE DEPOSITED. SUCH FUNDS SHALL BE DISTRIBUTED BY  THE  COMPTROLLER
 OF THE CITY OF NEW YORK TO THE NEW YORK CITY DEPARTMENT OF HOUSING PRES-
 ERVATION  AND  DEVELOPMENT'S  HOME  REPAIR  AND  PRESERVATION  FINANCING
 PROGRAM TO BE USED FOR PRESERVATION AND UPGRADES FOR MULTIPLE  DWELLINGS
 CONTAINING FIFTY OR MORE UNITS WITHIN THE CITY OF NEW YORK.
   7.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "MULTIPLE DWELLING" MEANS A DWELLING WHICH IS OCCUPIED, FOR PERMA-
 NENT RESIDENCE PURPOSES AND WHICH IS EITHER SOLD, RENTED, LEASED, LET OR
 HIRED OUT, TO BE OCCUPIED AS THE RESIDENCE OR  HOME  OF  THREE  OR  MORE
 FAMILIES LIVING INDEPENDENTLY OF EACH OTHER.
   (B) "DIVISION" MEANS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.