Bill Text: NY A07031 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides that in cities with a population of one million or more, a tenant or group of tenants, after proper notice to the landlord of the existence of a hazardous violation of housing codes and certification of the existence of such violation by the local agency charged with enforcement of housing codes, may contract for the repair of such condition and offset the price of such repair from his rental payments if the landlord fails to commence work to correct the condition within a certain period after notice is received.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to housing [A07031 Detail]
Download: New_York-2019-A07031-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7031 2019-2020 Regular Sessions IN ASSEMBLY April 3, 2019 ___________ Introduced by M. of A. O'DONNELL -- 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: 1 Section 1. The multiple dwelling law is amended by adding a new 2 section 302-d to read as follows: 3 § 302-d. Right of tenant to offset payments for repairs of hazardous 4 conditions; certain cases. 1. As used in this section, unless another 5 meaning clearly appears from the context: 6 a. "Department" shall mean the department or agency of a city with a 7 population of one million or more that is charged with enforcement of 8 housing laws; 9 b. "Hazardous violation" shall mean a violation of this chapter, the 10 city housing maintenance code or article eighteen of the executive law 11 or the rules and regulations promulgated pursuant thereto identified or 12 classified by the city as hazardous to the life, health and safety of 13 the occupants of a dwelling; 14 c. "Immediately hazardous violation" shall mean a violation of this 15 chapter, the city housing maintenance code or article eighteen of the 16 executive law or the rules and regulations promulgated pursuant thereto 17 identified or classified by the city as immediately hazardous to the 18 life, health and safety of the occupants of a dwelling; 19 d. "City" shall mean a city to which this chapter applies. 20 2. In a city, any tenant acting alone or together with other tenants 21 in a multiple dwelling, wherein there exists a condition constituting a 22 hazardous or immediately hazardous violation, may contract and pay for 23 the repair of such condition in accordance with the provisions of this 24 section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06403-01-9A. 7031 2 1 3. Any payment so made shall be deductible from rent providing the 2 following provisions have been substantially complied with by the tenant 3 or his agent: 4 a. The landlord or his agent have been sent notice of such hazardous 5 or immediately hazardous violation posted by certified mail, return 6 receipt requested. 7 b. In the case of an immediately hazardous violation, such violation 8 has been certified by the department and seven days have passed after 9 written notice was first offered for delivery by the postal service to 10 the landlord or his agent without completion of repairs or commencement 11 of repairs of such violation by the landlord and provision in writing to 12 the tenant of a reasonable schedule for completion of such repairs. 13 c. In the case of a hazardous violation, such violation has been 14 certified by the department and thirty days have passed after written 15 notice was first offered for delivery by the postal service to the land- 16 lord or his agent without completion of repairs or commencement of 17 repairs of such violation by the landlord and provision in writing to 18 the tenant of a reasonable schedule for completion of such repairs. 19 4. When a tenant or group of tenants contracts for repair work pursu- 20 ant to the provisions of this section, the following conditions shall be 21 met: 22 a. If a tenant or group of tenants do not hire an outside contractor, 23 they may deduct costs for materials. 24 b. If a tenant or group of tenants hire an outside contractor to 25 perform repairs they may deduct charges for materials and labor, 26 provided that reasonable efforts are made to have the repair work done 27 by qualified workmen at prevailing rates. 28 c. Tenants must receive an itemized bill from the person, firm or 29 corporation from whom materials or labor are purchased. 30 d. Where a license to perform services is required by law, a tenant or 31 group of tenants shall hire an outside licensed contractor. 32 e. Any person, firm, corporation or employee thereof providing 33 services under the provisions of this section must be licensed to 34 perform the repairs requested by a tenant or group of tenants, where a 35 license to provide such services is required by law. 36 5. The maximum amount of money an individual tenant may deduct for 37 repair work under the provisions of this section shall be one thousand 38 dollars or the sum of two months rent, whichever is greater. The maximum 39 amount of money two or more tenants acting together may deduct for 40 repair work from their combined rents under the provisions of this 41 section shall be three thousand dollars; provided, however, such maximum 42 amount may be ten thousand dollars if in addition to the other 43 provisions of this section, the tenants have posted by certified mail, 44 return receipt requested, to the landlord or his agent an itemized esti- 45 mate for repair of an immediately hazardous violation prepared by a 46 qualified person, firm or corporation and, within eight days, the land- 47 lord has neither commenced repair work nor presented a written schedule 48 for reasonable completion of the repair work necessary to remove the 49 immediately hazardous violation. 50 6. The introduction into evidence in any action or proceeding of any 51 statement rendered in compliance with the provisions of paragraph b of 52 subdivision four of this section shall be presumptive of the facts stat- 53 ed therein. Sufficient foundation for the allowance into evidence of 54 such statement shall consist of the oral testimony of any person named 55 as a payer of all or part of the amount indicated thereon relating the 56 facts and circumstances in which the statement was rendered.A. 7031 3 1 7. Any tenant who has in good faith secured and paid for repairs, 2 otherwise in conformance with the provisions of this section and against 3 whom an action or proceeding to recover possession of the premises for 4 nonpayment of rent or any other action or proceeding attributable at 5 least in part to the tenant seeking or taking a deduction from rent as 6 allowed by this section shall, in addition to any other amounts, be 7 entitled to recover reasonable costs and attorney's fees against an 8 owner bringing such action or proceeding. 9 8. No owner or agent shall be entitled to recover any amounts in 10 damages from any tenant or group of tenants who attempt in good faith 11 and act reasonably in carrying out the intendment of this section. 12 9. The remedy provided in this section shall not be exclusive and a 13 court may provide such other relief as may be just and proper in the 14 circumstances. Nothing in this section shall be construed to limit or 15 deny any existing constitutional, statutory, administrative or common 16 law right of a tenant to contract and pay for any goods and services for 17 such multiple dwelling. This section shall not be construed to preclude 18 any defense, counterclaim or cause of action asserted by a tenant that 19 may otherwise exist with respect to an owner's failure to provide any 20 service. 21 10. Any agreement by a tenant of a dwelling waiving or modifying his 22 rights as set forth in this section shall be void as contrary to public 23 policy. 24 11. The provisions of this section shall be liberally construed so as 25 to give effect to the purpose set forth herein. 26 § 2. This act shall take effect immediately; provided, however, that 27 in any city which has not heretofore made the classifications referred 28 to in paragraphs b and c of subdivision 1 of section 302-d of the multi- 29 ple dwelling law, as added by section one of this act such classifica- 30 tions shall be made within six months of the effective date of this act 31 and this act shall not be deemed to take effect in such city until such 32 classifications are made.
