NY State Senate Bill 2023-S2902

Senate Bill S2902

2023-2024 Legislative Session

Establishes tenants' right to offset rental payments by the cost of certain emergency repairs

download bill text pdf

Current Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Jan 25, 2023	referred to judiciary

2023-S2902 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §235-j, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6253
2019-2020: S2801
2021-2022: S5908

2023-S2902 (ACTIVE) - Summary

Allows a tenant to offset against future rental payments the cost of certain emergency repairs a landlord is either unwilling or unable to correct within twenty-four hours of notice to the landlord of the need for such emergency repair, provided that the tenant provides landlord with itemized cost accounting of all emergency repairs made.

2023-S2902 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2902

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the real property law, in relation to tenants' right to
offset rental payments by the cost of certain emergency repairs

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would extend the right tenants' already have, to deduct the
cost of emergency fuel expenditures and heating plant repairs from their
rent to cover the reasonable costs of specific repairs that require
immediate remedy and threaten the life, health and safety of tenants
when they are allowed to remain unrepaired longer than 24 hours.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends the Real Property Law to recognize the right of tenants to offset
the cost of emergency repairs that require immediate remedy and threaten
the life, health and safety of tenants when they are allowed to remain
unrepaired longer than 24 hours by the landlord.

 
JUSTIFICATION:

Often times, there are certain specific emergency repairs that must be
made within a 24 hour period in order to protect the life, health and
safety of tenants. Such repairs as broken windows, broken or inoperable
security locks, broken or inoperable water closets, plugged sewage
lines, loss of hot and cold water service and leaks in gas lines, are of
such a character as to require immediate remedy.  Many times, a. tenant
is unable to cause these emergency repairs to be made in a reasonable
period of time because of the unavailability of the landlord.

Consequently the life, health and safety of tenants are often placed in
jeopardy. This bill seeks to resolve this problem by simply allowing the
tenants to have these specific repairs made and offsetting the reason-
able cost of such repairs from rent if he makes a good faith effort to
contact the landlord for at least 24 hours, and he provides the landlord
with an itemized cost accounting for all emergency repairs made.

 
PRIOR LEGISLATIVE HISTORY:

S 6253 COMRIE Same as A 6875 Dickens.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2023-S2902 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2902
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to tenants' right  to
   offset rental payments by the cost of certain emergency repairs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 235-j to read as follows:
   § 235-J. TENANTS' RIGHT TO OFFSET RENTAL PAYMENTS BY THE COST OF EMER-
 GENCY  REPAIRS.  1.  EVERY TENANT MAY OFFSET AGAINST RENTAL PAYMENTS THE
 COST OF MAKING EMERGENCY REPAIRS WHEN A LANDLORD IS EITHER UNWILLING  OR
 UNABLE TO CORRECT THE SITUATION WITHIN TWENTY-FOUR HOURS. SUCH EMERGENCY
 REPAIRS SHALL INCLUDE:
   (A)  BROKEN  WINDOWS WHICH ALLOW THE MIGRATION OF OUTSIDE AIR INTO THE
 LIVING AREA OF A DWELLING DURING THE WINTER MONTHS.
   (B) BROKEN OR OTHERWISE INOPERABLE EXTERIOR SECURITY LOCKS.
   (C) BROKEN OR OTHERWISE INOPERABLE WATER CLOSETS.
   (D) REMOVAL OF OBSTRUCTIONS FROM SEWAGE LINES.
   (E) BROKEN OR OTHERWISE INOPERABLE PLUMBING LINES WHICH  CAUSE  INTER-
 RUPTION OF DELIVERY OF BOTH COLD AND HOT WATER SUPPLIES.
   (F) LEAKS OR OBSTRUCTIONS IN SUPPLY AND DELIVERY GAS LINES.
   2.  THE  TENANT SHALL MAKE A GOOD FAITH EFFORT TO CONTACT THE LANDLORD
 TO NOTIFY HIM OR HER OF THE EMERGENCY SITUATION; AND IN  THE  EVENT  THE
 LANDLORD DOES NOT RESPOND WITHIN TWENTY-FOUR HOURS THE TENANT SHALL HAVE
 THE  RIGHT  TO  MAKE ALL NECESSARY EMERGENCY REPAIRS, AND MAY OFFSET THE
 REASONABLE COST THEREOF FROM FUTURE RENT. THE TENANT  SHALL  SECURE  AND
 PROVIDE  TO  THE  LANDLORD  AN ITEMIZED COST ACCOUNTING OF ALL EMERGENCY
 REPAIRS MADE.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03080-01-3

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