NY State Senate Bill 2025-S7633C

Senate Bill S7633C

2025-2026 Legislative Session

Relates to actions and proceedings seeking an abatement of rent based on violations of the housing maintenance code

download bill text pdf

Current Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2025	referred to judiciary delivered to assembly passed senate
May 22, 2025	advanced to third reading
May 21, 2025	2nd report cal. amended (t) 7633c
May 20, 2025	1st report cal.1208
May 08, 2025	print number 7633b
May 08, 2025	amend and recommit to judiciary
Apr 30, 2025	print number 7633a
Apr 30, 2025	amend (t) and recommit to judiciary
Apr 24, 2025	referred to judiciary

Votes

- Jun 12, 2025 - Floor Vote
  S7633C
  
  41
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2025
      
      aye (41)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Oberacker
      
      Parker
      
      Persaud
      
      Rhoads
      
      Rivera
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Webb
      
      nay (18)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (4)
      
      Murray
      
      Myrie
      
      Ramos
      
      Sutton
      
      The following Member(s) participated via videoconferencing: Brouk
  May 20, 2025 - Judiciary Committee Vote
  S7633C
  
  13
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 20, 2025
      
      aye (13)
      
      Bailey
      
      Cooney
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Parker
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      nay (1)
      
      O'Mara
      
      aye wr (4)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Palumbo
      
      Rhoads
      
      excused (1)
      
      Martins

Bill Amendments

Original

C (Active)

2025-S7633 - Details

See Assembly Version of this Bill:: A8291
Current Committee:: Assembly Judiciary
Law Section:: New York City Civil Court Act
Laws Affected:: Amd §110, NYC Civ Ct Act

2025-S7633 - Summary

Relates to actions and proceedings seeking an abatement of rent based on violations of the housing maintenance code, applicable housing standards, the building code, or the health code; relates to the number of housing judges assigned to certain actions.

2025-S7633 - Sponsor Memo

                                 
BILL NUMBER: S7633

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the New York city civil court act, in relation to
actions and proceedings seeking an abatement of rent based on violations
of the housing maintenance code

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes tenants to bring a proceeding seeking an abatement of rent
based on a violation of the housing maintenance code, building code,
health code, or applicable housing standards.

 
SUMMARY OF PROVISIONS:

Section 1 amends the New York city civil court act to permit tenants to
bring a proceeding for an abatement of rent based on a violation of the
housing maintenance code, building code, health code, or applicable
housing standards. Abatements will be calculated based on the impacted
percentage of the subject premises or on a set fee scale derived from

the nature of the violation-whichever is greater.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In 1975, New York enacted Section 235-b of the Real Property Law,
providing that every residential lease contained an implied warranty of
habitability. In other words, a landlord had to ensure that rented and
common spaces were "fit for human habitation," and did not threaten the
"life, health or safety" of tenants. A tenant can obtain damages for
breach of warranty of habitability, which typically comes in the form of
a rent abatement calculated based on the "difference between the rent
reserved under the lease and the value of the premises during the period
of the breach" (Clarendon Gardens, LLC v.  Wilson, 2024).

The primary way market-rate tenants can obtain a rent abatement for a
breach of warranty of habitability is through withholding rent and rais-
ing it as a defense and a counterclaim in a nonpayment case.  Unfortu-
nately, this is an extremely risky and unreliable way for tenants to
seek compensation for unsafe living conditions. A recent study found
that "a tenant with a meritorious warranty of habitability claim had
between a 1.8 and 2.4 percent chance of receiving a rent abatement
generally, and a 9 percent chance if there were open code violations in
the,unit." In addition, "tenants with meritorious warranty claims were
statistically just as likely to receive a possessory judgement as
tenants without warranty claims" ("The Limits of Good Law: A Study of
Housing Court Outcome," 2019). If a market-rate tenant wishes to receive
a rent abatement, they risk eviction.

While tenants can initiate a Housing Part (HP) Action in Housing Court,
an HP action is limited to correcting violations or building conditions
and cannot award tenants damages or abatements. As one court put it, an
HP proceeding is not the proper forum to assert claims for breach of
warranty of habitability because a "Housing Part proceeding is brought .
. . for the limited purpose of enforcing provisions of the Multiple
Dwelling Law, the Building and Health codes and the Housing Maintenance
Code,'to correction violations and conditions" (Dominguez v. Zinar,
2009). The only remedies tenants may seek in an HP proceeding are
repairs and civil penalties payable exclusively to the Department of
Housing Preservation and Development (Amsterdam v. Golds tick, 1987).

While tenants could pursue damages in New York Supreme Court, the HP
Part is already specially designed to accommodate unrepresented liti-
gants through less burdensome pleading and service requirements.  Addi-
tionally, if tenants were already seeking repairs in an HP action, they
would have to initiate a separate case in Supreme Court to seek a rent
abatement. This is extraordinarily onerous for tenants living in
substandard housing.

Instead, tenants should be able to easily and efficiently pursue rent
abatements in Housing Court--without paying for a lawyer or risking
eviction.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 90 days after which it shall have become law.

2025-S7633 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7633
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the New York  city  civil  court  act,  in  relation  to
   actions  and  proceedings  seeking  an  abatement  of  rent  based  on
   violations of the housing maintenance code

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (a) of section 110 of the New York city civil
 court act is amended by adding a new paragraph 10 to read as follows:
   (10) ACTIONS AND PROCEEDINGS SEEKING AN ABATEMENT  OF  RENT  BASED  ON
 VIOLATIONS  OF  THE  HOUSING MAINTENANCE CODE, APPLICABLE HOUSING STAND-
 ARDS, BUILDING CODE, OR HEALTH CODE. SUCH ABATEMENTS  SHALL  BE  GRANTED
 BEGINNING  AT  THE  TIME  WHEN THE LANDLORD OR LANDLORD'S AGENTS KNEW OR
 SHOULD HAVE KNOWN OF THE VIOLATION UNTIL THE ABATEMENT IS CORRECTED. FOR
 THE PURPOSES OF THIS PROVISION, "VIOLATION"  SHALL  MEAN  ANY  CONDITION
 THAT  WOULD  GIVE  RISE  TO A VIOLATION OF THE HOUSING MAINTENANCE CODE.
 ABATEMENTS SHALL BE CALCULATED BASED ON THE IMPACTED PERCENTAGE  OF  THE
 SUBJECT PREMISES OR THE FOLLOWING, WHICHEVER IS HIGHER:
   (I)  FOR EACH NON-HAZARDOUS VIOLATION, NOT LESS THAN FIFTY DOLLARS NOR
 MORE THAN ONE HUNDRED FIFTY DOLLARS,
   (II) FOR EACH HAZARDOUS VIOLATION, NOT LESS THAN SEVENTY-FIVE  DOLLARS
 NOR MORE THAN FIVE HUNDRED DOLLARS, AND
   (III) FOR EACH IMMEDIATELY HAZARDOUS VIOLATION:
   (A)  IN  A  MULTIPLE DWELLING CONTAINING FIVE OR FEWER DWELLING UNITS,
 NOT LESS THAN ONE HUNDRED FIFTY DOLLARS  NOR  MORE  THAN  SEVEN  HUNDRED
 FIFTY DOLLARS, AND, IN ADDITION, FROM THE DATE SET FOR CORRECTION IN THE
 NOTICE  OF  VIOLATION  UNTIL  THE  VIOLATION IS CORRECTED, NOT LESS THAN
 FIFTY DOLLARS NOR MORE THAN ONE HUNDRED FIFTY DOLLARS PER DAY; AND
   (B) IN A MULTIPLE DWELLING CONTAINING MORE THAN FIVE  DWELLING  UNITS,
 NOT  LESS  THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND TWO
 HUNDRED DOLLARS, AND, IN ADDITION, FROM THE DATE SET FOR  CORRECTION  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11478-01-5

 S. 7633                             2
 
 THE  NOTICE OF VIOLATION UNTIL THE VIOLATION IS CORRECTED, NOT LESS THAN
 ONE HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND TWO HUNDRED DOLLARS
 PER DAY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2025-S7633A - Details

See Assembly Version of this Bill:: A8291
Current Committee:: Assembly Judiciary
Law Section:: New York City Civil Court Act
Laws Affected:: Amd §110, NYC Civ Ct Act

2025-S7633A - Summary

2025-S7633A - Sponsor Memo

                                 
BILL NUMBER: S7633A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the New York city civil court act, in relation to
actions and proceedings seeking an abatement of rent based on violations
of the housing maintenance code or the warranty of habitability

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes tenants to bring a proceeding seeking an abatement of rent
based on a violation of the housing maintenance code, building code,
health code, or applicable housing standards.

 
SUMMARY OF PROVISIONS:

Section 1 amends the New York city civil court act to permit tenants to
bring a proceeding for an abatement of rent based on a violation of the
housing maintenance code, building code, health code, or applicable
housing standards.

Section 2 specifies that abatements will be calculated based on the
diminished value of the premises during the period of the breach accord-
ingly. The diminished value and the percentage of the abatement will
depend on the severity of the violations. Courts are explicitly
empowered to grant greater abatements, depending on the duration of the
violation and its severity.

Section 3 establishes the effective date.

 
JUSTIFICATION:

In 1975, New York enacted Section 235-b of the Real Property Law,
providing that every residential lease contained an implied warranty of
habitability. In other words, a landlord had to ensure that rented and
common spaces were "fit for human habitation," and did not threaten the
"life, health or safety" of tenants. A tenant can obtain damages for
breach of warranty of habitability, which typically comes in the form of
a rent abatement calculated based on the "difference between the rent
reserved under the lease and the value of the premises during the period
of the breach" (Clarendon Gardens, LLC v.  Wilson, 2024).

The primary way market-rate tenants can obtain a rent abatement for a
breach of warranty of habitability is through withholding rent and rais-
ing it as a defense and a counterclaim in a nonpayment case.  Unfortu-
nately, this is an extremely risky and unreliable way for tenants to
seek compensation for unsafe living conditions. A recent study found
that "a tenant with a meritorious warranty of habitability claim had
between a 1.8 and 2.4 percent chance of receiving a rent abatement
generally, and a 9 percent chance if there were open code violations in
the unit." In addition, "tenants with meritorious warranty claims were
statistically just as likely to receive a possessory judgement as
tenants without warranty claims" ("The Limits of Good Law: A Study of
Housing Court Outcome," 2019).  If a market-rate tenant wishes to
receive a rent abatement, they risk eviction.

While tenants can initiate a Housing Part (HP) Action in Housing Court,
an HP action is limited to correcting violations or building conditions
and cannot award tenants damages or abatements. As one court put it, an
HP proceeding is not the proper forum to assert claims for breach of
warranty of habitability because a "Housing Part proceeding is brought .
. . for the limited purpose of enforcing provisions of the Multiple
Dwelling Law, the Building and Health codes and the Housing Maintenance
Code, to correction violations and conditions" (Dominguez v. Zinar,
2009). The only remedies tenants may seek in an HP proceeding are
repairs and civil penalties payable exclusively to the Department of
Housing Preservation and Development (Amsterdam v. Goldstick, 1987).

While tenants could pursue damages in New York Supreme Court or Small
Claims Court, the HP Part is already where a tenant would have to bring
their claim for repairs. The HP Part is also already specially designed
to accommodate unrepresented litigants through less burdensome pleading
and service requirements. Additionally, if tenants were already seeking
repairs in an HP action, they would have to initiate a separate case in
Supreme Court to seek a rent abatement. This is extraordinarily onerous
for tenants living in substandard housing.

Instead, tenants should be able to easily and efficiently pursue rent
abatements in Housing Court--without paying for a lawyer or risking
eviction.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 90 days after which it shall have become law.

2025-S7633A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7633--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the New York  city  civil  court  act,  in  relation  to
   actions  and  proceedings  seeking  an  abatement  of  rent  based  on
   violations of the housing maintenance code or the warranty of  habita-
   bility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 110 of the New York  city  civil
 court act is amended by adding a new paragraph 10 to read as follows:
   (10)  ACTIONS  AND  PROCEEDINGS  SEEKING AN ABATEMENT OF RENT BASED ON
 VIOLATIONS OF THE HOUSING MAINTENANCE CODE,  APPLICABLE  HOUSING  STAND-
 ARDS, BUILDING CODE, HEALTH CODE OR SECTION TWO HUNDRED THIRTY-FIVE-B OF
 THE REAL PROPERTY LAW. SUCH ABATEMENTS SHALL BE GRANTED BEGINNING AT THE
 TIME  WHEN THE VIOLATION COMMENCED UNTIL THE VIOLATION IS CORRECTED. FOR
 THE PURPOSES OF THIS PROVISION, "VIOLATION"  SHALL  MEAN  ANY  CONDITION
 THAT  WOULD  GIVE  RISE  TO A VIOLATION OF THE HOUSING MAINTENANCE CODE,
 APPLICABLE LOCAL AND STATE HOUSING STANDARDS,  THE  BUILDING  CODE,  THE
 HEALTH CODE, OR THE MULTIPLE DWELLING LAW.
   §  2.  Section  110 of the New York city civil court act is amended by
 adding a new subdivision (r) to read as follows:
   (R) (1) ABATEMENTS SHALL BE CALCULATED BASED ON THE  DIMINISHED  VALUE
 OF THE PREMISES DURING THE PERIOD OF THE BREACH AS FOLLOWS:
   (I)  FOR EACH NON-HAZARDOUS VIOLATION, NOT LESS THAN TWENTY PERCENT OF
 THE RENT;
   (II) FOR EACH HAZARDOUS VIOLATION, NOT LESS THAN THIRTY PERCENT OF THE
 RENT; AND
   (III) FOR EACH IMMEDIATELY HAZARDOUS VIOLATION, NOT  LESS  THAN  SIXTY
 PERCENT OF THE RENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11478-02-5

 S. 7633--A                          2
 
   (2)  THE  COURT MAY, IN ITS DISCRETION, GRANT A GREATER ABATEMENT THAN
 THAT ANTICIPATED BY THE MINIMUM  STANDARDS  IN  PARAGRAPH  ONE  OF  THIS
 SUBDIVISION  ON  ACCOUNT  OF THE DURATION OF THE DIMINUTION IN VALUE AND
 THE SEVERITY OF THE VIOLATIONS.
   (3)  FOR ANY VIOLATION FOR WHICH THE PROVISIONS IN PARAGRAPH ONE WOULD
 NOT APPLY, THE ABATEMENT GRANTED SHALL EQUAL THE DIFFERENCE BETWEEN  THE
 RENT  RESERVED  UNDER THE LEASE AND THE VALUE OF THE PREMISES DURING THE
 PERIOD OF THE BREACH.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2025-S7633B - Details

See Assembly Version of this Bill:: A8291
Current Committee:: Assembly Judiciary
Law Section:: New York City Civil Court Act
Laws Affected:: Amd §110, NYC Civ Ct Act

2025-S7633B - Summary

2025-S7633B - Sponsor Memo

                                 
BILL NUMBER: S7633B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the New York city civil court act, in relation to
actions and proceedings seeking an abatement of rent based on violations
of the housing maintenance code or the warranty of habitability

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes tenants to bring a proceeding seeking an abatement of rent
based on a violation of the housing maintenance code, building code,
health code, or applicable housing standards.

 
SUMMARY OF PROVISIONS:

Section 1 amends the New York city civil court act to permit tenants to
bring a proceeding for an abatement of rent based on a violation of the
housing maintenance code, building code, health code, or applicable
housing standards. Abatements will be calculated based on the impacted
percentage of the subject premises or on a set fee scale derived from

the nature of the violation-whichever is greater.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In 1975, New York enacted Section 235-b of the Real Property Law,
providing that every residential lease contained an implied warranty of
habitability. In other words, a landlord had to ensure that rented and
common spaces were "fit for human habitation," and did not threaten the
"life, health or safety" of tenants. A tenant can obtain damages for
breach of warranty of habitability, which typically comes in the form of
a rent abatement calculated based on the "difference between the rent
reserved under the lease and the value of the premises during the period
of the breach" (Clarendon Gardens, LLC v.  Wilson, 2024).

The primary way market-rate tenants can obtain a rent abatement for a
breach of warranty of habitability is through withholding rent and rais-
ing it as a defense and a counterclaim in a nonpayment case.  Unfortu-
nately, this is an extremely risky and unreliable way for tenants to
seek compensation for unsafe living conditions. A recent study found
that "a tenant with a meritorious warranty of habitability claim had
between a 1.8 and 2.4 percent chance of receiving a rent abatement
generally, and a 9 percent chance if there were open code violations in
the unit." In addition, "tenants with meritorious warranty claims were
statistically just as likely to receive a possessory judgement as
tenants without warranty claims" ("The Limits of Good Law: A Study of
Housing Court Outcome," 2019). If a market-rate tenant wishes to receive
a rent abatement, they risk eviction.

While tenants can initiate a Housing Part (HP) Action in Housing Court,
an HP action is limited to correcting violations or building conditions
and cannot award tenants damages or abatements. As one court put it, an
HP proceeding is not the proper forum to assert claims for breach of
warranty of habitability because a "Housing Part proceeding is brought .
. . for the limited purpose of enforcing provisions of the Multiple
Dwelling Law, the Building and Health codes and the Housing Maintenance
Code, to correction violations and conditions" (Dominguez v. Zinar,
2009). The only remedies tenants may seek in an HP proceeding are
repairs and civil penalties payable exclusively to the Department of
Housing Preservation and Development (Amsterdam v. Goldstick, 1987).

While tenants could pursue damages in New York Supreme Court, the HP
Part is already specially designed to accommodate unrepresented liti-
gants through less burdensome pleading and service requirements.  Addi-
tionally, if tenants were already seeking repairs in an HP action, they
would have to initiate a separate case in Supreme Court to seek a rent
abatement. This is extraordinarily onerous for tenants living in
substandard housing.

Instead, tenants should be able to easily and efficiently pursue rent
abatements in Housing Court--without paying for a lawyer or risking
eviction.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 90 days after which it shall have become law.

2025-S7633B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7633--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  New  York  city civil court act, in relation to
   actions  and  proceedings  seeking  an  abatement  of  rent  based  on
   violations  of the housing maintenance code or the warranty of habita-
   bility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (a) of section 110 of the New York city civil
 court act is amended by adding a new paragraph 10 to read as follows:
   (10) ACTIONS AND PROCEEDINGS SEEKING AN ABATEMENT  OF  RENT  BASED  ON
 VIOLATIONS  OF  THE  HOUSING MAINTENANCE CODE, APPLICABLE HOUSING STAND-
 ARDS, BUILDING CODE, HEALTH CODE OR SECTION TWO HUNDRED THIRTY-FIVE-B OF
 THE REAL PROPERTY LAW. SUCH ABATEMENTS SHALL BE GRANTED BEGINNING AT THE
 TIME WHEN THE VIOLATION COMMENCED UNTIL THE VIOLATION IS CORRECTED.  FOR
 THE  PURPOSES  OF  THIS  PROVISION, "VIOLATION" SHALL MEAN ANY CONDITION
 THAT WOULD GIVE RISE TO A VIOLATION OF  THE  HOUSING  MAINTENANCE  CODE,
 APPLICABLE  LOCAL  AND  STATE  HOUSING STANDARDS, THE BUILDING CODE, THE
 HEALTH CODE, OR THE MULTIPLE DWELLING LAW.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11478-04-5

co-Sponsors

2025-S7633C (ACTIVE) - Details

See Assembly Version of this Bill:: A8291
Current Committee:: Assembly Judiciary
Law Section:: New York City Civil Court Act
Laws Affected:: Amd §110, NYC Civ Ct Act

2025-S7633C (ACTIVE) - Summary

2025-S7633C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7633C

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the New York city civil court act, in relation to
actions and proceedings seeking an abatement of rent based on violations
of the housing maintenance code or the warranty of habitability and in
relation to the number of housing judges assigned to certain actions

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes tenants to bring a proceeding seeking an abatement of rent
based on a violation of the housing maintenance code, building code,
health code, or applicable housing standards.

 
SUMMARY OF PROVISIONS:

Section 1 amends the New York city civil court act to permit tenants to
bring a proceeding for an abatement of rent based on a violation of the
housing maintenance code, building code, health code, or applicable
housing standards.

Section 2 specifies that a minimum of two judges will be assigned to the
HP part in every borough except Staten Island. On Staten Island, one
judge shall be assigned to the HP Part two days a week.

Section 3 establishes the effective date.

 
JUSTIFICATION:

In 1975, New York enacted Section 235-b of the Real Property Law,
providing that every residential lease contained an implied warranty of
habitability. In other words, a landlord had to ensure that rented and
common spaces were "fit for human habitation," and did not threaten the
"life, health or safety" of tenants. A tenant can obtain damages for
breach of warranty of habitability, which typically comes in the form of
a rent abatement calculated based on the "difference between the rent
reserved under the lease and the value of the premises during the period
of the breach" (Clarendon Gardens, LLC v.  Wilson, 2024).

The primary way market-rate tenants can obtain a rent abatement for a
breach of warranty of habitability is through withholding rent and rais-
ing it as a defense and a counterclaim in a nonpayment case.  Unfortu-
nately, this is an extremely risky and unreliable way for tenants to
seek compensation for unsafe living conditions. A recent study found
that "a tenant with a meritorious warranty of habitability claim had
between a 1.8 and 2.4 percent chance of receiving a rent abatement
generally, and a 9 percent chance if there were open code violations in
the unit." In addition, "tenants with meritorious warranty claims were
statistically just as likely to receive a possessory judgement as
tenants without warranty claims" ("The Limits of Good Law: A Study of
Housing Court Outcome," 2019). If a market-rate tenant wishes to receive
a rent abatement, they risk eviction.

While tenants can initiate a Housing Part (HP) Action in Housing Court,
an HP action is limited to correcting violations or building conditions
and cannot award tenants damages or abatements. As one court put it, an
HP proceeding is not the proper forum to assert claims for breach of
warranty of habitability because a "Housing Part proceeding is brought .
. . for the limited purpose of enforcing provisions of the Multiple
Dwelling Law, the Building and Health codes and the Housing Maintenance
Code, to correction violations and conditions" (Dominguez v. Zinar,
2009). The only remedies tenants may seek in an HP proceeding are
repairs and civil penalties payable exclusively to the Department of
Housing Preservation and Development (Amsterdam v. Goldstick, 1987).

While tenants could pursue damages in New York Supreme Court or Small
Claims Court, the HP Part is already where a tenant would have to bring
their claim for repairs. The HP Part is also already specially designed
to accommodate unrepresented litigants through less burdensome pleading
and service requirements. Additionally, if tenants were already seeking
repairs in an HP action, they would have to initiate a separate case in
Supreme Court to seek a rent abatement. This is extraordinarily onerous
for tenants living in substandard housing.

Unfortunately, tenants with cases pending in the HP Part are subject to
months-long delays, while each borough (excluding Staten Island) only
has one judge assigned to hear HP cases. By allowing tenants to sue for
rent abatements in Housing Court and requiring a minimum of judges to be
assigned to the HP Part, this bill would ensure tenants living in
substandard, unsafe conditions can get the repairs and damages they are
owed in a timely manner. It would also uphold Housing Court's original,
statutory mission to provide "effective enforcement of state and local
laws for the establishment and maintenance of proper housing standards-
essential to the health, safety, welfare and reasonable comfort of the
citizens of the state" (Ch. 872 of the N.Y. Laws of 1972 § 1(a)).

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 90 days after which it shall have become law.

2025-S7633C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7633--C
     Cal. No. 1208
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  JACKSON -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported favorably from said committee, ordered to  first
   report,  amended  on  first  report,  ordered  to  a second report and
   ordered reprinted, retaining its place in the order of second report
 
 AN ACT to amend the New York  city  civil  court  act,  in  relation  to
   actions  and  proceedings  seeking  an  abatement  of  rent  based  on
   violations of the housing maintenance code or the warranty of  habita-
   bility  and  in  relation  to the number of housing judges assigned to
   certain actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (a) of section 110 of the New York city civil
 court act is amended by adding a new paragraph 10 to read as follows:
   (10) ACTIONS AND PROCEEDINGS SEEKING AN ABATEMENT  OF  RENT  BASED  ON
 VIOLATIONS  OF  THE  HOUSING MAINTENANCE CODE, APPLICABLE HOUSING STAND-
 ARDS, BUILDING CODE, HEALTH CODE OR SECTION TWO HUNDRED THIRTY-FIVE-B OF
 THE REAL PROPERTY LAW. SUCH ABATEMENTS SHALL BE GRANTED BEGINNING AT THE
 TIME WHEN THE VIOLATION COMMENCED UNTIL THE VIOLATION IS CORRECTED.  FOR
 THE  PURPOSES  OF  THIS  PROVISION, "VIOLATION" SHALL MEAN ANY CONDITION
 THAT WOULD GIVE RISE TO A VIOLATION OF  THE  HOUSING  MAINTENANCE  CODE,
 APPLICABLE  LOCAL  AND  STATE  HOUSING STANDARDS, THE BUILDING CODE, THE
 HEALTH CODE, OR THE MULTIPLE DWELLING LAW.
   § 2. Section 110 of the New York city civil court act  is  amended  by
 adding a new subdivision (r) to read as follows:
   (R) IN EACH COUNTY EXCEPT THE COUNTY OF RICHMOND, AT LEAST TWO HOUSING
 JUDGES  SHALL BE ASSIGNED TO PRESIDE OVER ACTIONS INITIATED UNDER SUBDI-
 VISION (H) OR (I) OF SECTION 27-2115 OF THE NEW YORK CITY ADMINISTRATIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11478-07-5
 S. 7633--C                          2
 
 CODE BY A TENANT, A GROUP OF TENANTS, OR THE DEPARTMENT OF HOUSING PRES-
 ERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK. IN THE COUNTY OF RICH-
 MOND, THERE SHALL BE AT LEAST ONE HOUSING JUDGE ASSIGNED TO OVERSEE SUCH
 ACTIONS AT LEAST TWO DAYS A WEEK.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7633C

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Assembly Committee

Bill Amendments

2025-S7633 - Details

2025-S7633 - Summary

2025-S7633 - Sponsor Memo

2025-S7633 - Bill Text download pdf

2025-S7633A - Details

2025-S7633A - Summary

2025-S7633A - Sponsor Memo

2025-S7633A - Bill Text download pdf

co-Sponsors

Robert Jackson

2025-S7633B - Details

2025-S7633B - Summary

2025-S7633B - Sponsor Memo

2025-S7633B - Bill Text download pdf

co-Sponsors

Robert Jackson

2025-S7633C (ACTIVE) - Details

2025-S7633C (ACTIVE) - Summary

2025-S7633C (ACTIVE) - Sponsor Memo

2025-S7633C (ACTIVE) - Bill Text download pdf

Comments