Bill Text: NY A03156 | 2025-2026 | General Assembly | Introduced
Bill Title: Allows tenants the right to offset rent with payments made for the repair or service maintenance of an oil fired or other heating device where reasonable efforts were made to notify the landlord of the heating failure, the agency used is reasonably engaged in the business of making such repairs and an itemized bill for such service is provided.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2025-01-23 - referred to housing [A03156 Detail]
Download: New_York-2025-A03156-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3156 2025-2026 Regular Sessions IN ASSEMBLY January 23, 2025 ___________ Introduced by M. of A. ROSENTHAL, DINOWITZ, RAGA -- Multi-Sponsored by -- M. of A. EPSTEIN, GLICK -- read once and referred to the Committee on Housing AN ACT to amend the multiple dwelling law, the multiple residence law and the real property law, in relation to tenant's right to set off against rent for payments made due to landlord's failure to supply heat in certain cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of section 2 302-c of the multiple dwelling law, as added by chapter 85 of the laws 3 of 1980, are amended to read as follows: 4 1. Any tenant acting alone or together with other tenants of a multi- 5 ple dwelling employing an oil fired or other heating device for which 6 the owner is responsible and wherein there exists a lack of heat due to 7 the owner's failure to repair or maintain the heating device or to have 8 oil supplied to the premises, may contract and pay for the delivery of 9 such oil or such maintenance or repairs, as the case may be, in accord- 10 ance with the provisions of this section. Any payment so made shall be 11 deductible from rent [providing] provided the following provisions have 12 been substantially complied with by the tenant or someone acting on 13 [his] such tenant's behalf: 14 a. Reasonable efforts were made to contact the owner or [his] such 15 owner's agent to inform the owner of such failure to repair or maintain 16 the heating device or to supply oil. 17 b. Reasonable efforts were made to have the normal repair and mainte- 18 nance service agency undertake the same or to have the normal fuel 19 supplier to the premises deliver the requested fuel, as the case may be. 20 c. Delivery of fuel oil to the premises, if that be the case, was 21 secured from a fuel supplier regularly engaged in such business at a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05846-01-5A. 3156 2 1 price within the range of prices listed by the department in the index 2 provided for in subdivision three of this section. 3 d. Repairs or maintenance, if that be the case, to the heating device 4 was secured from a service agency regularly engaged in such business at 5 a price substantially similar to the prices listed by the department in 6 the index provided for in subdivision four of this section. 7 e. The repair and maintenance service agency or fuel supplier from 8 whom service or oil is secured provided a written statement containing 9 the following: 10 (1) The name of the person or persons who requested the repair or 11 maintenance service or delivery; and 12 (2) The date, time of and premises to which the repair or maintenance 13 service or delivery was made; and 14 (3) [The] If oil was delivered, amount, grade and price of the oil 15 [delivered]; and 16 (4) [A] If oil was delivered, certification that the usable fuel 17 supply before the delivery was exhausted; and 18 (5) If repair or maintenance service was provided, the separate charg- 19 es for equipment and parts used and labor expended, itemized and sepa- 20 rately stated; and 21 (6) The charge, if any, for refiring the burner; and 22 [(6)] (7) The amounts and from whom any payments were received. 23 [e.] f. After such repair or maintenance work has been undertaken, if 24 that be the case, reasonable efforts were made by the tenant or tenants 25 to notify all other tenants that such work has been undertaken, includ- 26 ing posting a notice in a public area of the building which lists the 27 date, time and extent of such work. A tenant shall not be required to 28 comply with the provisions of paragraph a or b hereof unless the owner 29 has continuously kept posted in a conspicuous place at the premises a 30 notice containing [his] such owner's name, address and telephone number 31 or that of [his] such owner's agent and the name, address and telephone 32 number of the repair and maintenance service agency for the heating 33 device or the fuel supplier to the premises as the case may be. 34 [f] g. For purposes of this section, a multiple dwelling shall be 35 considered to lack heat if, during the months between October first and 36 May thirty-first, while its heating device is inoperative due to a 37 breakdown or malfunction or while its usable fuel supply was exhausted, 38 the outdoor temperature fell below fifty-five degrees Fahrenheit at any 39 time during the hours between six o'clock in the morning and ten o'clock 40 in the evening. 41 2. The deduction from rent allowed by this section shall also include 42 a reasonable charge, if any, made by the supplier for refiring the oil 43 burner at the premises. 44 3. The department charged with the enforcement of laws, ordinances and 45 regulations in relation to multiple dwellings shall: 46 a. Maintain and, to the extent practicable, update at least bi-weekly 47 an index reflecting the range of prices of fuel oil according to grade 48 and quantity paid per gallon on deliveries within the jurisdiction of 49 the department during the last two week period for which statistics are 50 available; and 51 b. Maintain and keep current and available a list of suppliers which 52 have agreed to make deliveries of fuel oil in the circumstances, and to 53 render such assistance as [is] may otherwise be required [hereby] to 54 enable tenants to obtain the benefits[,] contemplated by this section. 55 4. The department charged with the enforcement of laws, ordinances 56 and regulations in relation to multiple dwellings shall:A. 3156 3 1 a. To the extent practicable maintain and update at least monthly an 2 index reflecting the range of prices charged for emergency repair and 3 maintenance of oil fired and other heating devices including usual 4 charges for equipment, parts and labor commonly used or expended in 5 effecting such repair and maintenance; and 6 b. Maintain and keep current and available a list of repair and main- 7 tenance service agencies which have agreed to provide such services in 8 such circumstances and to render such assistance as may otherwise be 9 reasonably required to enable tenants to obtain the benefits contem- 10 plated by this section. 11 5. The payment for repairs and maintenance or for fuel oil at a price 12 within the range of prices permitted by paragraph c or d of subdivision 13 one of this section, as the case may be, shall be conclusively presumed 14 to have been a reasonable price. 15 [5] 6. The introduction into evidence in any action or proceeding of 16 any statement rendered in compliance with the provisions of paragraph 17 [d] e of subdivision one of this section shall be presumptive of the 18 facts stated therein. Sufficient foundation for the allowance into 19 evidence of such statement shall consist of the oral testimony of any 20 person named as a payer of all or part of the amount indicated thereon 21 relating the facts and circumstances in which the statement was 22 rendered. 23 [6] 7. Any tenant who has in good faith secured and paid for repairs, 24 maintenance or fuel oil otherwise in conformance with the provisions of 25 this section and against whom an action or proceeding to recover 26 possession of the premises for nonpayment of rent or any other action or 27 proceeding attributable at least in part to the tenant seeking or taking 28 a deduction from rent as allowed by this section shall, in addition to 29 any other amounts, be entitled to recover reasonable costs and attor- 30 ney's fees against an owner bringing such action or proceeding. 31 [7] 8. No owner or agent shall be entitled to recover any amounts in 32 damages from any repair and maintenance service agency or fuel oil 33 supplier or an agent or employee thereof who attempts in good faith and 34 acts reasonably to carry out the intendment of this section except 35 damages arising out of gross negligence. 36 [8] 9. The remedy provided in this section shall not be exclusive and 37 a court may provide such other relief as may be just and proper in the 38 circumstances. Nothing in this section shall be construed to limit or 39 deny any existing constitutional, statutory, administrative or common 40 law right of a tenant to contract and pay for the delivery of fuel oil 41 for the multiple dwelling in which [he] such tenant resides or to pay 42 for the cost of any other goods and services for such multiple dwelling. 43 This section shall not be construed to preclude any defense, counter- 44 claim or cause of action asserted by a tenant that may otherwise exist 45 with respect to an owner's failure to provide heat or any other service. 46 [9] 10. Any agreement by a tenant of a dwelling waiving or modifying 47 [his] such tenant's rights as set forth in this section shall be void as 48 contrary to public policy. 49 [10] 11. The provisions of this section shall be liberally construed 50 so as to give effect to the purposes set forth herein. 51 § 2. Subdivision 11 of section 302-c of the multiple dwelling law, as 52 added by chapter 893 of the laws of 1982, is renumbered subdivision 12. 53 § 3. Subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of section 305-c of 54 the multiple residence law, as added by chapter 85 of the laws of 1980, 55 are amended to read as follows:A. 3156 4 1 1. Any tenant acting alone or together with other tenants of a multi- 2 ple dwelling employing an oil fired or other heating device for which 3 the owner is responsible and wherein there exists a lack of heat due to 4 the owner's failure to repair or maintain the heating device or to have 5 oil supplied to the premises, may contract and pay for the delivery of 6 such oil or such maintenance or repairs, as the case may be, in accord- 7 ance with the provisions of this section. Any payment so made shall be 8 deductible from rent [providing] provided the following provisions have 9 been substantially complied with by the tenant or someone acting on 10 [his] such tenant's behalf: 11 a. Reasonable efforts were made to contact the owner or [his] such 12 owner's agent to inform the owner of such failure to repair or maintain 13 the heating device or to supply oil. 14 b. Reasonable efforts were made to have the normal repair and mainte- 15 nance service agency undertake the same or to have the normal fuel 16 supplier to the premises deliver the requested fuel, as the case may be. 17 c. Delivery of fuel oil to the premises, if that be the case, was 18 secured from a fuel supplier regularly engaged in such business at a 19 price within the range of prices listed by the department in the index 20 provided for in subdivision three of this section. 21 d. Repairs or maintenance, if that be the case, to the heating device 22 was secured from a service agency regularly engaged in such business at 23 a price substantially similar to the prices listed by the department in 24 the index provided for in subdivision four of this section. 25 e. The repair and maintenance service agency or fuel supplier from 26 whom service or oil is secured provided a written statement containing 27 the following: 28 (1) The name of the person or persons who requested the repair or 29 maintenance service or delivery; and 30 (2) The date, time of and premises to which the repair or maintenance 31 service or delivery was made; and 32 (3) [The] If oil was delivered, amount, grade and price of the oil 33 [delivered]; and 34 (4) [A] If oil was delivered, certification that the usable fuel 35 supply before the delivery was exhausted; and 36 (5) If repair or maintenance service was provided, the separate charg- 37 es for equipment and parts used and labor expended, itemized and sepa- 38 rately stated; and 39 (6) The charge, if any, for refiring the burner; and 40 [(6)] (7) The amounts and from whom any payments were received. 41 [e] f. After such repair or maintenance work has been undertaken, if 42 that be the case, reasonable efforts were made by the tenant or tenants 43 to notify all other tenants that such work has been undertaken, includ- 44 ing posting a notice in a public area of the building which lists the 45 date, time and extent of such work. A tenant shall not be required to 46 comply with the provisions of paragraph a or b hereof unless the owner 47 has continuously kept posted in a conspicuous place at the premises a 48 notice containing [his] such owner's name, address and telephone number 49 or that of [his] such owner's agent and the name, address and telephone 50 number of the repair and maintenance service agency for the heating 51 device or the fuel supplier to the premises as the case may be. 52 [f] g. For purposes of this section, a multiple dwelling shall be 53 considered to lack heat if, during the months between October first and 54 May thirty-first, while its heating device is inoperative due to a 55 breakdown or malfunction or while its usable fuel supply was exhausted, 56 the outdoor temperature fell below fifty-five degrees Fahrenheit at anyA. 3156 5 1 time during the hours between six o'clock in the morning and ten o'clock 2 in the evening. 3 2. The deduction from rent allowed by this section shall also include 4 a reasonable charge, if any, made by the supplier for refiring the oil 5 burner at the premises. 6 3. The department charged with the enforcement of laws, ordinances and 7 regulations in relation to multiple dwellings shall: 8 a. Maintain and, to the extent practicable, update at least bi-weekly 9 an index reflecting the range of prices of fuel oil according to grade 10 and quantity paid per gallon on deliveries within the jurisdiction of 11 the department during the last two week period for which statistics are 12 available; and 13 b. Maintain and keep current and available a list of suppliers which 14 have agreed to make deliveries of fuel oil in the circumstances, and to 15 render such assistance as [is] may otherwise be required [hereby] to 16 enable tenants to obtain the benefits[,] contemplated by this section. 17 4. The department charged with the enforcement of laws, ordinances 18 and regulations in relation to multiple dwellings shall: 19 a. To the extent practicable maintain and update at least monthly an 20 index reflecting the range of prices charged for emergency repair and 21 maintenance of oil fired and other heating devices including usual 22 charges for equipment, parts and labor commonly used or expended in 23 effecting such repair and maintenance; and 24 b. Maintain and keep current and available a list of repair and main- 25 tenance service agencies which have agreed to provide such services in 26 such circumstances and to render such assistance as may otherwise be 27 reasonably required to enable tenants to obtain the benefits contem- 28 plated by this section. 29 5. The payment for repairs and maintenance or for fuel oil at a price 30 within the range of prices permitted by paragraph c or d of subdivision 31 one of this section, as the case may be, shall be conclusively presumed 32 to have been a reasonable price. 33 [5] 6. The introduction into evidence in any action or proceeding of 34 any statement rendered in compliance with the provisions of paragraph 35 [d] e of subdivision one of this section shall be presumptive of the 36 facts stated therein. Sufficient foundation for the allowance into 37 evidence of such statement shall consist [in] of the oral testimony of 38 any person named as a payer of all or part of the amount indicated ther- 39 eon relating the facts and circumstances in which the statement was 40 rendered. 41 [6] 7. Any tenant who has in good faith secured and paid for repairs, 42 maintenance or fuel oil otherwise in conformance with the provisions of 43 this section and against whom an action or proceeding to recover 44 possession of the premises for nonpayment of rent or any other action or 45 proceeding attributable at least in part to the tenant seeking or taking 46 a deduction from rent as allowed by this section shall, in addition to 47 any other amounts, be entitled to recover reasonable costs and attor- 48 ney's fees against an owner bringing such action or proceeding. 49 [7] 8. No owner or agent shall be entitled to recover any amounts in 50 damages from any repair and maintenance service agency or fuel oil 51 supplier or an agent or employee thereof who attempts in good faith and 52 acts reasonably to carry out the intendment of this section except 53 damages arising out of gross negligence. 54 [8] 9. The remedy provided in this section shall not be exclusive and 55 a court may provide such other relief as may be just and proper in the 56 circumstances. Nothing in this section shall be construed to limit orA. 3156 6 1 deny any existing constitutional, statutory, administrative or common 2 law right of a tenant to contract and pay for the delivery of fuel oil 3 for the multiple dwelling in which [he] such tenant resides or to pay 4 for the cost of any other goods and services for such multiple dwelling. 5 This section shall not be construed to preclude any defense, counter- 6 claim or cause of action asserted by a tenant that may otherwise exist 7 with respect to an owner's failure to provide heat or any other service. 8 [9] 10. Any agreement by a tenant of a dwelling waiving or modifying 9 [his] such tenant's rights as set forth in this section shall be void as 10 contrary to public policy. 11 [10] 11. The provisions of this section shall be liberally construed 12 so as to give effect to the purposes set forth herein. 13 § 4. Subdivision 11 of section 305-c of the multiple residence law, as 14 added by chapter 893 of the laws of 1982, is renumbered subdivision 12. 15 § 5. Section 235 of the real property law, as amended by chapter 85 of 16 the laws of 1980, is amended to read as follows: 17 § 235. Wilful violations. 1. Any lessor, agent, manager, superinten- 18 dent or janitor of any building, or part thereof, the lease or rental 19 agreement whereof by its terms, expressed or implied, requires the 20 furnishing of hot or cold water, heat, light, power, elevator service, 21 telephone service or any other service or facility to any occupant of 22 said building, who wilfully or intentionally fails to furnish such 23 water, heat, light, power, elevator service, telephone service or other 24 service or facility at any time when the same are necessary to the prop- 25 er or customary use of such building, or part thereof, or any lessor, 26 agent, manager, superintendent or janitor who wilfully and intentionally 27 interferes with the quiet enjoyment of the leased premises by such occu- 28 pant, is guilty of a violation. 29 2. Any lessor, agent, manager, superintendent or janitor of any build- 30 ing, or part thereof, who wilfully or intentionally acts to prevent or 31 obstruct the provision of repairs or maintenance to an oil fired or 32 other heating device or the delivery of fuel oil ordered in compliance 33 with either section three hundred two-c of the multiple dwelling law or 34 section three hundred five-c of the multiple residence law or the refir- 35 ing of an oil burner after such [a] provision of service or delivery of 36 oil shall be guilty of a violation. 37 § 6. This act shall take effect immediately, provided that sections 38 two and four of this act shall take effect on the same date as chapter 39 471 of the laws of 1978 takes effect pursuant to chapter 893 of the 40 laws of 1982.
