Assembly Bill A6735

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6735
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Housing
 
 AN  ACT  to amend the multiple dwelling law, in relation to the right of
   tenants to offset payments for  repairs  of  hazardous  conditions  in
   certain cases in cities subject to such law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
 section 302-d to read as follows:
   §  302-D.  RIGHT OF TENANT TO OFFSET PAYMENTS FOR REPAIRS OF HAZARDOUS
 CONDITIONS; CERTAIN CASES. 1. AS USED IN THIS  SECTION,  UNLESS  ANOTHER
 MEANING CLEARLY APPEARS FROM THE CONTEXT:
   A.  "DEPARTMENT"  SHALL MEAN THE DEPARTMENT OR AGENCY OF A CITY WITH A
 POPULATION OF ONE MILLION OR MORE THAT IS CHARGED  WITH  ENFORCEMENT  OF
 HOUSING LAWS;
   B.  "HAZARDOUS  VIOLATION" SHALL MEAN A VIOLATION OF THIS CHAPTER, THE
 CITY HOUSING MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE  EXECUTIVE  LAW
 OR  THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO IDENTIFIED OR
 CLASSIFIED BY THE CITY AS HAZARDOUS TO THE LIFE, HEALTH  AND  SAFETY  OF
 THE OCCUPANTS OF A DWELLING;
   C.  "IMMEDIATELY  HAZARDOUS  VIOLATION" SHALL MEAN A VIOLATION OF THIS
 CHAPTER, THE CITY HOUSING MAINTENANCE CODE OR ARTICLE  EIGHTEEN  OF  THE
 EXECUTIVE  LAW OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO
 IDENTIFIED OR CLASSIFIED BY THE CITY AS  IMMEDIATELY  HAZARDOUS  TO  THE
 LIFE, HEALTH AND SAFETY OF THE OCCUPANTS OF A DWELLING;
   D. "CITY" SHALL MEAN A CITY TO WHICH THIS CHAPTER APPLIES.
   2.  IN  A CITY, ANY TENANT ACTING ALONE OR TOGETHER WITH OTHER TENANTS
 IN A MULTIPLE DWELLING, WHEREIN THERE EXISTS A CONDITION CONSTITUTING  A
 HAZARDOUS  OR  IMMEDIATELY HAZARDOUS VIOLATION, MAY CONTRACT AND PAY FOR
 THE REPAIR OF SUCH CONDITION IN ACCORDANCE WITH THE PROVISIONS  OF  THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07658-01-5
              

 A. 6735                             2
 
   3.  ANY  PAYMENT  SO  MADE SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE
 FOLLOWING PROVISIONS HAVE BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT
 OR HIS AGENT:
   A. THE LANDLORD OR THEIR AGENT HAVE BEEN SENT NOTICE OF SUCH HAZARDOUS
 OR  IMMEDIATELY  HAZARDOUS  VIOLATION  POSTED  BY CERTIFIED MAIL, RETURN
 RECEIPT REQUESTED.
   B. IN THE CASE OF AN IMMEDIATELY HAZARDOUS VIOLATION,  SUCH  VIOLATION
 HAS  BEEN  CERTIFIED  BY THE DEPARTMENT AND SEVEN DAYS HAVE PASSED AFTER
 WRITTEN NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL  SERVICE  TO
 THE  LANDLORD  OR THEIR AGENT WITHOUT COMPLETION OF REPAIRS OR COMMENCE-
 MENT OF REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION IN WRIT-
 ING TO THE TENANT OF  A  REASONABLE  SCHEDULE  FOR  COMPLETION  OF  SUCH
 REPAIRS.
   C.  IN  THE  CASE  OF  A  HAZARDOUS VIOLATION, SUCH VIOLATION HAS BEEN
 CERTIFIED BY THE DEPARTMENT AND THIRTY DAYS HAVE  PASSED  AFTER  WRITTEN
 NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO THE LAND-
 LORD  OR  THEIR  AGENT  WITHOUT COMPLETION OF REPAIRS OR COMMENCEMENT OF
 REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION  IN  WRITING  TO
 THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
   4.  WHEN A TENANT OR GROUP OF TENANTS CONTRACTS FOR REPAIR WORK PURSU-
 ANT TO THE PROVISIONS OF THIS SECTION, THE FOLLOWING CONDITIONS SHALL BE
 MET:
   A. IF A TENANT OR GROUP OF TENANTS DO NOT HIRE AN OUTSIDE  CONTRACTOR,
 THEY MAY DEDUCT COSTS FOR MATERIALS.
   B.  IF  A  TENANT  OR  GROUP  OF TENANTS HIRE AN OUTSIDE CONTRACTOR TO
 PERFORM REPAIRS  THEY  MAY  DEDUCT  CHARGES  FOR  MATERIALS  AND  LABOR,
 PROVIDED  THAT  REASONABLE EFFORTS ARE MADE TO HAVE THE REPAIR WORK DONE
 BY QUALIFIED INDIVIDUALS AT PREVAILING RATES.
   C. TENANTS MUST RECEIVE AN ITEMIZED BILL  FROM  THE  PERSON,  FIRM  OR
 CORPORATION FROM WHOM MATERIALS OR LABOR ARE PURCHASED.
   D. WHERE A LICENSE TO PERFORM SERVICES IS REQUIRED BY LAW, A TENANT OR
 GROUP OF TENANTS SHALL HIRE AN OUTSIDE LICENSED CONTRACTOR.
   E.  ANY  PERSON,  FIRM,  CORPORATION  OR  EMPLOYEE  THEREOF  PROVIDING
 SERVICES UNDER THE PROVISIONS  OF  THIS  SECTION  MUST  BE  LICENSED  TO
 PERFORM  THE  REPAIRS REQUESTED BY A TENANT OR GROUP OF TENANTS, WHERE A
 LICENSE TO PROVIDE SUCH SERVICES IS REQUIRED BY LAW.
   5. THE MAXIMUM AMOUNT OF MONEY AN INDIVIDUAL  TENANT  MAY  DEDUCT  FOR
 REPAIR  WORK  UNDER THE PROVISIONS OF THIS SECTION SHALL BE ONE THOUSAND
 DOLLARS OR THE SUM OF TWO MONTHS RENT, WHICHEVER IS GREATER. THE MAXIMUM
 AMOUNT OF MONEY TWO OR MORE  TENANTS  ACTING  TOGETHER  MAY  DEDUCT  FOR
 REPAIR  WORK  FROM  THEIR  COMBINED  RENTS  UNDER THE PROVISIONS OF THIS
 SECTION SHALL BE THREE THOUSAND DOLLARS; PROVIDED, HOWEVER, SUCH MAXIMUM
 AMOUNT MAY  BE  TEN  THOUSAND  DOLLARS  IF  IN  ADDITION  TO  THE  OTHER
 PROVISIONS  OF  THIS SECTION, THE TENANTS HAVE POSTED BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, TO THE LANDLORD OR  THEIR  AGENT  AN  ITEMIZED
 ESTIMATE  FOR REPAIR OF AN IMMEDIATELY HAZARDOUS VIOLATION PREPARED BY A
 QUALIFIED PERSON, FIRM OR CORPORATION AND, WITHIN EIGHT DAYS, THE  LAND-
 LORD  HAS NEITHER COMMENCED REPAIR WORK NOR PRESENTED A WRITTEN SCHEDULE
 FOR REASONABLE COMPLETION OF THE REPAIR WORK  NECESSARY  TO  REMOVE  THE
 IMMEDIATELY HAZARDOUS VIOLATION.
   6.  THE  INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY
 STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH  B  OF
 SUBDIVISION FOUR OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STAT-
 ED  THEREIN.  SUFFICIENT  FOUNDATION  FOR THE ALLOWANCE INTO EVIDENCE OF
 SUCH STATEMENT SHALL CONSIST OF THE ORAL TESTIMONY OF ANY  PERSON  NAMED
 A. 6735                             3
 
 AS  A  PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON RELATING THE
 FACTS AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED.
   7.  ANY  TENANT  WHO  HAS  IN GOOD FAITH SECURED AND PAID FOR REPAIRS,
 OTHERWISE IN CONFORMANCE WITH THE PROVISIONS OF THIS SECTION AND AGAINST
 WHOM AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF THE  PREMISES  FOR
 NONPAYMENT  OF  RENT  OR  ANY OTHER ACTION OR PROCEEDING ATTRIBUTABLE AT
 LEAST IN PART TO THE TENANT SEEKING OR TAKING A DEDUCTION FROM  RENT  AS
 ALLOWED  BY  THIS  SECTION  SHALL,  IN ADDITION TO ANY OTHER AMOUNTS, BE
 ENTITLED TO RECOVER REASONABLE COSTS  AND  ATTORNEY'S  FEES  AGAINST  AN
 OWNER BRINGING SUCH ACTION OR PROCEEDING.
   8.  NO  OWNER  OR  AGENT  SHALL  BE ENTITLED TO RECOVER ANY AMOUNTS IN
 DAMAGES FROM ANY TENANT OR GROUP OF TENANTS WHO ATTEMPT  IN  GOOD  FAITH
 AND ACT REASONABLY IN CARRYING OUT THE INTENDMENT OF THIS SECTION.
   9.  THE  REMEDY  PROVIDED IN THIS SECTION SHALL NOT BE EXCLUSIVE AND A
 COURT MAY PROVIDE SUCH OTHER RELIEF AS MAY BE JUST  AND  PROPER  IN  THE
 CIRCUMSTANCES.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO LIMIT OR
 DENY ANY EXISTING CONSTITUTIONAL, STATUTORY,  ADMINISTRATIVE  OR  COMMON
 LAW RIGHT OF A TENANT TO CONTRACT AND PAY FOR ANY GOODS AND SERVICES FOR
 SUCH  MULTIPLE DWELLING. THIS SECTION SHALL NOT BE CONSTRUED TO PRECLUDE
 ANY DEFENSE, COUNTERCLAIM OR CAUSE OF ACTION ASSERTED BY A  TENANT  THAT
 MAY  OTHERWISE  EXIST  WITH RESPECT TO AN OWNER'S FAILURE TO PROVIDE ANY
 SERVICE.
   10. ANY AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING THEIR
 RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO  PUBLIC
 POLICY.
   11.  THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS
 TO GIVE EFFECT TO THE PURPOSE SET FORTH HEREIN.
   § 2. This act shall take effect immediately; provided,  however,  that
 in  any  city which has not heretofore made the classifications referred
 to in paragraphs b and c of subdivision 1 of section 302-d of the multi-
 ple dwelling law, as added by section one of this act  such  classifica-
 tions  shall be made within six months of the effective date of this act
 and this act shall not be deemed to take effect in such city until  such
 classifications are made.