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Senate Bill S4347

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S4347 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-k, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6253
2019-2020: S2801
2021-2022: S5908
2023-2024: S2902

2025-S4347 (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.

2025-S4347 (ACTIVE) - Sponsor Memo

2025-S4347 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4347
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 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-k to read as follows:
   § 235-K. 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.
                                                            LBD05626-01-5

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