A02063 Summary:

BILL NO    A02063A

SAME AS    SAME AS S03172

SPONSOR    Kavanagh (MS)

COSPNSR    

MLTSPNSR   Farrell

Amd SS26-413 & 26-515, NYC Ad Cd; amd S3, add S302-d, Mult Dwell L; amd S304,
Mult Res L; add S235-h, RP L

Provides for the tenant rights act to provide for certain tenant and rental
property maintenance requirements.
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A02063 Actions:

BILL NO    A02063A

01/09/2013 referred to housing
06/12/2013 amend (t) and recommit to housing
06/12/2013 print number 2063a
01/08/2014 referred to housing
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A02063 Votes:

There are no votes for this bill in this legislative session.
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A02063 Memo:

BILL NUMBER:A2063A

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, the multiple dwelling law, the multiple residence law and
the real property law, in relation to enacting the "tenant rights act"

PURPOSE:

To authorize administrative proceedings for the enforcement of housing
maintenance codes and a legal basis for the tenant to with- hold rent
from the landlord if the warranty of habitability is breached. To give
tenants in cities subject to the multiple dwelling law the right to
repair hazardous violations in their buildings when the building owner
fails to meet his or her.obligations. To discourage frivolous,
groundless or bad faith primary-residence eviction attempts.

SUMMARY OF PROVISIONS:

This bill would authorize localities to establish administrative
proceedings, in addition to judicial proceedings, for the enforcement
of housing maintenance codes. Administratively imposed penalties would
be docketed and enforced in the same manner as a judgment in a civil
action without judicial proceedings.

Tenants acting alone or together with other tenants in cities subject
to the multiple dwelling law are given the right to repair hazardous
violations in their buildings and deduct the cost of these repairs
from their rents provided they comply with the following conditions:

(1) Notice of the violation by certified mail, return receipt
requested, is given to the landlord: and

(2) (a) An immediately hazardous "C" violation has been certified by
the New York City Department of Housing Preservation and Development
(HPD), and seven days have passed since the tenants' written notice
was offered for delivery to the landlord without completion of repairs
or commencement of repairs and a provision in writing of a schedule
for completion of repairs, or (b) A hazardous "B" violation has been
certified by HPD and 14 days have passed since the tenant's written
notice was offered for delivery to the landlord without completion of
repairs by the landlord or commencement of repairs and a provision in
writing of a schedule for completion of repairs.

If a tenant or group of tenants repair a violation without hiring an
outside contractor, they may deduct costs for materials. 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 workmen at
prevailing rates. If a license to perform the repairs requested is
required by law, a tenant or group of tenants must hire an . outside
licensed contractor.

Tenants must receive a written statement itemizing charges for parts
and labor. An individual tenant may deduct a maximum of one thousand
dollars or two months rent, whichever is greater. Two or more tenants
may deduct a maximum of three thousand dollars; or up to ten thousand


dollars if additional notice and an itemized estimate are first given
to the landlord.

The bill would also enable tenants to recover attorneys' fees and
damages in cases where landlords act in bad faith to bring eviction
proceedings against tenants on the basis of non-primary residence.

JUSTIFICATION:

There is a long-held belief in this count!), that individuals should
get what they pay for. In commercial law, if you do not receive what
you are promised in a contract, you are entitled to withhold payment
for service or materials ordered. This basic right does not exist in
landlord-tenant law. Even the Warranty of Habitability Law does not
explicitly allow the tenant, on his own, to deduct rent. This bill
provides a legal basis for the tenant to withhold rent from the
landlord if the Warranty of Habitability is breached.

Presently, localities are required to enforce their housing codes
through judicial proceedings. Several localities, however, are slow in
their enforcement measures and in some cases actions are not taken
because the courts are backlogged with summary eviction proceedings.
The most glaring example is New York City which has millions of
outstanding code violations. The amount of fines owed the City from
unenforced violations from scofflaw landlords is substantial. In NYC
and other municipalities, lax code enforcement has been exacerbated by
severe state cutbacks in support for local governments' code
enforcement activities. This bill would simply authorize localities to
adopt administrative proceedings as an alternative to court action for
the enforcement of housing code violations. This alternative could
generate substantial revenues as well as preserve and improve the
quality of the state's housing stock.

Landlords have increasingly brought court actions against tenants in
recent years to eliminate their rent-stabilization protections on the
basis of non-primary residence. In many of these cases, however,
landlords have little reason to believe a non-primary residence
violation exists and have brought actions as a way of forcing tenants
to vacate their apartments, sometimes even ignoring proof submitted by
tenants establishing primary residence. This bill seeks to discourage
this practice by awarding tenants attorneys' fees and damages in cases
where they successfully defend primary residence actions that were
brought in bad faith.

Repair and deduct is a logical extension of the warranty of
habitability. It provides an effective remedy for tenants whose
landlords do not live up to their legal obligation to keep their
premises in good repair. The proposed legislation requires
certification of a hazardous violation by HPD and written notice to
the landlord before repairs are undertaken.

Thus, it assures violations exist, and that the landlord is given
ample opportunity to correct the violation. Since many defects worsen
over time, it is also in the economic interest of both the landlord
and tenants to provide for prompt repair of building violations. The
repair and deduct concept has been enacted by statute and judicial
decision in more than 20 states. In New York, decisions have affirmed


a tenant's right to repair and deduct where reasonable notice is given
to the land-lord and repairs are made at a reasonable cost.
Legislation enacted in 1980 allows tenants to buy fuel, and deduct the
cost from their rent, provided certain conditions are met. Thus, there
is ample precedent for the repair and deduct remedy.

LEGISLATIVE HISTORY:

2012: A05949 (Kavanagh) - Housing 2011: A05949 (Kavanagh) - Housing
2010: A00415 (Kavanagh) - Housing 2009: A00415 (Kavanagh) - Housing
2008: A008268 (Kavanagh) - Housing 2007: A008268 (Kavanagh) - Housing

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all actions
or proceedings pending on or commenced after such date, provided that
the amendments to section 26413 of the city rent and rehabilitation
law made by section two of this act shall remain in full force and
effect only as long as the public emergency requiring the regulation
and control-of residential rents and evictions continues, as provided
in subdivision 3 of section I of the local emergency housing rent
control act and provided further that the amendments to section 26-515
of the rent stabilization law of nineteen hundred sixty-nine made by
section three of this act shall expire on the same date as such law
expires and shall not affect the expiration of such law as provided
under section 26 520 of such law; provided, however, that in any city
which has not heretofore made the classifications referred to in
paragraphs band c of subdivision 1 of section 302d of the multiple
dwelling law, as added by section seven of this act such
classifications shall be made within six months of the effective date
of such section and such section shall not be deemed to take effect in
such city until such classifications are made; provided that the
division of housing and community renewal shall notify the legislative
bill drafting commission upon the occurrence of the enactment of the
legislation provided for M section seven of this act in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of.the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law
and section 70-b of the public officers law.
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A02063 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2063--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A.  KAVANAGH  --  Multi-Sponsored by -- M. of A.
         FARRELL -- read once and referred  to  the  Committee  on  Housing  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee

       AN ACT to amend the administrative code of the city  of  New  York,  the
         multiple dwelling law, the multiple residence law and the real proper-
         ty law, in relation to enacting the "tenant rights act"

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Short title. This act shall be known and may be  cited  as
    2  the "tenant rights act".
    3    S 2. Section 26-413 of the administrative code of the city of New York
    4  is amended by adding a new subdivision f to read as follows:
    5    F.  (1)  IN  ADDITION  TO  THE  REQUIREMENTS  OF  ANY OTHER APPLICABLE
    6  PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO  RECOVER  POSSESSION
    7  OF A DWELLING UNIT PURSUANT TO ITEM TEN OF SUBPARAGRAPH (I) OF PARAGRAPH
    8  TWO  OF  SUBDIVISION  E OF SECTION 26-403 OF THIS CHAPTER, ON THE GROUND
    9  THAT THE DWELLING UNIT IS NOT OCCUPIED BY THE TENANT  AS  SUCH  TENANT'S
   10  PRIMARY  RESIDENCE,  SUCH  OWNER  OR LESSOR SHALL COMMENCE THE ACTION OR
   11  PROCEEDING IN A COURT OF COMPETENT JURISDICTION ONLY UPON A  GOOD  FAITH
   12  BELIEF  THAT  SUCH  DWELLING  UNIT  IS NOT THE PRIMARY RESIDENCE OF SUCH
   13  TENANT.
   14    (2) IF ANY OWNER OR  LESSOR  COMMENCES  AN  ACTION  OR  PROCEEDING  TO
   15  RECOVER  POSSESSION  OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF
   16  THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE  TO  SUCH  TENANT
   17  FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE
   18  DAMAGES,  IF  ANY,  SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS
   19  REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT.
   20    S 3. Section 26-515 of the administrative code of the city of New York
   21  is amended by adding a new subdivision e to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03111-03-3
       A. 2063--A                          2

    1    E. (1) IN  ADDITION  TO  THE  REQUIREMENTS  OF  ANY  OTHER  APPLICABLE
    2  PROVISION  OF  LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION
    3  OF A DWELLING UNIT PURSUANT TO SUBPARAGRAPH  (F)  OF  PARAGRAPH  ONE  OF
    4  SUBDIVISION  A OF SECTION 26-504 OF THIS CHAPTER, ON THE GROUND THAT THE
    5  DWELLING  UNIT  IS  NOT  OCCUPIED BY THE TENANT AS SUCH TENANT'S PRIMARY
    6  RESIDENCE, SUCH OWNER OR LESSOR SHALL COMMENCE THE ACTION OR  PROCEEDING
    7  IN  A COURT OF COMPETENT JURISDICTION ONLY UPON A GOOD FAITH BELIEF THAT
    8  SUCH DWELLING UNIT IS NOT THE PRIMARY RESIDENCE OF SUCH TENANT.
    9    (2) IF ANY OWNER OR  LESSOR  COMMENCES  AN  ACTION  OR  PROCEEDING  TO
   10  RECOVER  POSSESSION  OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF
   11  THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE  TO  SUCH  TENANT
   12  FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE
   13  DAMAGES,  IF  ANY,  SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS
   14  REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT.
   15    S 4. Paragraphs a and b of subdivision 4 of section 3 of the  multiple
   16  dwelling law, as amended by chapter 516 of the laws of 1983, are amended
   17  to read as follows:
   18    a.   Any city, town or village may make local laws, ordinances, resol-
   19  utions or regulations not less restrictive than those provided  in  this
   20  chapter  and  may  provide  for  their enforcement by legal or equitable
   21  actions or proceedings, OR BY ADMINISTRATIVE PROCEEDINGS, and  prescribe
   22  the  penalties,  sanctions  and remedies for violations thereof.  In the
   23  enforcement and administration of  this  chapter  in  a  city  of  three
   24  hundred  twenty-five  thousand or more persons, the penalties, sanctions
   25  and remedies enacted by local law may be applied, notwithstanding  their
   26  inconsistency with this chapter, or the provisions of this chapter.
   27    b.  In  a  city of three hundred twenty-five thousand or more persons,
   28  such local laws may authorize such actions or  proceedings  against  the
   29  owner, lessee of a whole multiple dwelling, agent or other person having
   30  control  of  such  dwelling,  and  any responsible party, or against the
   31  dwelling in rem. Such local laws may further authorize (1) that civil OR
   32  ADMINISTRATIVELY IMPOSED penalties may be enforced  against  the  person
   33  liable  therefor, and that in addition to the methods of enforcement for
   34  judgments established in the civil practice law and rules, a lien may be
   35  imposed against the premises and the  rents  therefrom;  (2)  that  such
   36  civil  OR ADMINISTRATIVELY IMPOSED penalties may be enforced against the
   37  dwelling by the imposition of a lien against the rents therefrom.
   38    S 5. Paragraph c of subdivision 4 of section 3 of the multiple  dwell-
   39  ing  law,  as  amended by chapter 516 of the laws of 1978, is amended to
   40  read as follows:
   41    c.  Such local laws may also authorize  that  all  liens  upon  rents,
   42  whether  authorized  by  state  or  local  law, may be satisfied without
   43  further judicial proceedings by the collection of rents due or to become
   44  due; AND MAY FURTHER AUTHORIZE THAT ADMINISTRATIVELY  IMPOSED  PENALTIES
   45  MAY BE DOCKETED AND ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL
   46  ACTION WITHOUT FURTHER JUDICIAL PROCEEDINGS.
   47    S  6. Section 304 of the multiple residence law is amended by adding a
   48  new subdivision 3 to read as follows:
   49    3. IN ADDITION TO THE PENALTIES IMPOSED IN  SUBDIVISION  ONE  OF  THIS
   50  SECTION,  ANY  CITY,  TOWN OR VILLAGE MAY PROVIDE FOR THE ENFORCEMENT OF
   51  THE PROVISIONS OF THIS CHAPTER OR OF LOCAL LAWS, ORDINANCES, RESOLUTIONS
   52  OR REGULATIONS PROMULGATED PURSUANT HERETO BY ADMINISTRATIVE PROCEEDINGS
   53  AND MAY AUTHORIZE ADMINISTRATIVELY IMPOSED PENALTIES WHICH MAY BE  DOCK-
   54  ETED  AND  ENFORCED  IN  THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION
   55  WITHOUT FURTHER JUDICIAL PROCEEDINGS.
       A. 2063--A                          3

    1    S 7. The multiple dwelling law is amended  by  adding  a  new  section
    2  302-d to read as follows:
    3    S  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.
   25    3.  ANY  PAYMENT  SO  MADE SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE
   26  FOLLOWING PROVISIONS HAVE BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT
   27  OR HIS AGENT:
   28    A. THE LANDLORD OR HIS AGENT HAVE BEEN SENT NOTICE OF  SUCH  HAZARDOUS
   29  OR  IMMEDIATELY  HAZARDOUS  VIOLATION  POSTED  BY CERTIFIED MAIL, RETURN
   30  RECEIPT REQUESTED.
   31    B. IN THE CASE OF AN IMMEDIATELY HAZARDOUS VIOLATION,  SUCH  VIOLATION
   32  HAS  BEEN  CERTIFIED  BY THE DEPARTMENT AND SEVEN DAYS HAVE PASSED AFTER
   33  WRITTEN NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL  SERVICE  TO
   34  THE  LANDLORD OR HIS AGENT WITHOUT COMPLETION OF REPAIRS OR COMMENCEMENT
   35  OF REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
   36  THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
   37    C. IN THE CASE OF A  HAZARDOUS  VIOLATION,  SUCH  VIOLATION  HAS  BEEN
   38  CERTIFIED  BY  THE  DEPARTMENT AND THIRTY DAYS HAVE PASSED AFTER WRITTEN
   39  NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO THE LAND-
   40  LORD OR HIS AGENT WITHOUT  COMPLETION  OF  REPAIRS  OR  COMMENCEMENT  OF
   41  REPAIRS  OF  SUCH  VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
   42  THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
   43    4. WHEN A TENANT OR GROUP OF TENANTS CONTRACTS FOR REPAIR WORK  PURSU-
   44  ANT TO THE PROVISIONS OF THIS SECTION, THE FOLLOWING CONDITIONS SHALL BE
   45  MET:
   46    A.  IF A TENANT OR GROUP OF TENANTS DO NOT HIRE AN OUTSIDE CONTRACTOR,
   47  THEY MAY DEDUCT COSTS FOR MATERIALS.
   48    B. IF A TENANT OR GROUP OF  TENANTS  HIRE  AN  OUTSIDE  CONTRACTOR  TO
   49  PERFORM  REPAIRS  THEY  MAY  DEDUCT  CHARGES  FOR  MATERIALS  AND LABOR,
   50  PROVIDED THAT REASONABLE EFFORTS ARE MADE TO HAVE THE REPAIR  WORK  DONE
   51  BY QUALIFIED WORKMEN AT PREVAILING RATES.
   52    C.  TENANTS  MUST  RECEIVE  AN  ITEMIZED BILL FROM THE PERSON, FIRM OR
   53  CORPORATION FROM WHOM MATERIALS OR LABOR ARE PURCHASED.
   54    D. WHERE A LICENSE TO PERFORM SERVICES IS REQUIRED BY LAW, A TENANT OR
   55  GROUP OF TENANTS SHALL HIRE AN OUTSIDE LICENSED CONTRACTOR.
       A. 2063--A                          4

    1    E.  ANY  PERSON,  FIRM,  CORPORATION  OR  EMPLOYEE  THEREOF  PROVIDING
    2  SERVICES  UNDER  THE  PROVISIONS  OF  THIS  SECTION  MUST BE LICENSED TO
    3  PERFORM THE REPAIRS REQUESTED BY A TENANT OR GROUP OF TENANTS,  WHERE  A
    4  LICENSE TO PROVIDE SUCH SERVICES IS REQUIRED BY LAW.
    5    5.  THE  MAXIMUM  AMOUNT  OF MONEY AN INDIVIDUAL TENANT MAY DEDUCT FOR
    6  REPAIR WORK UNDER THE PROVISIONS OF THIS SECTION SHALL BE  ONE  THOUSAND
    7  DOLLARS OR THE SUM OF TWO MONTHS RENT, WHICHEVER IS GREATER. THE MAXIMUM
    8  AMOUNT  OF  MONEY  TWO  OR  MORE  TENANTS ACTING TOGETHER MAY DEDUCT FOR
    9  REPAIR WORK FROM THEIR COMBINED  RENTS  UNDER  THE  PROVISIONS  OF  THIS
   10  SECTION SHALL BE THREE THOUSAND DOLLARS; PROVIDED, HOWEVER, SUCH MAXIMUM
   11  AMOUNT  MAY  BE  TEN  THOUSAND  DOLLARS  IF  IN  ADDITION  TO  THE OTHER
   12  PROVISIONS OF THIS SECTION, THE TENANTS HAVE POSTED BY  CERTIFIED  MAIL,
   13  RETURN RECEIPT REQUESTED, TO THE LANDLORD OR HIS AGENT AN ITEMIZED ESTI-
   14  MATE  FOR  REPAIR  OF  AN  IMMEDIATELY HAZARDOUS VIOLATION PREPARED BY A
   15  QUALIFIED PERSON, FIRM OR CORPORATION AND, WITHIN EIGHT DAYS, THE  LAND-
   16  LORD  HAS NEITHER COMMENCED REPAIR WORK NOR PRESENTED A WRITTEN SCHEDULE
   17  FOR REASONABLE COMPLETION OF THE REPAIR WORK  NECESSARY  TO  REMOVE  THE
   18  IMMEDIATELY HAZARDOUS VIOLATION.
   19    6.  THE  INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY
   20  STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH  B  OF
   21  SUBDIVISION FOUR OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STAT-
   22  ED  THEREIN.  SUFFICIENT  FOUNDATION  FOR THE ALLOWANCE INTO EVIDENCE OF
   23  SUCH STATEMENT SHALL CONSIST OF THE ORAL TESTIMONY OF ANY  PERSON  NAMED
   24  AS  A  PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON RELATING THE
   25  FACTS AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED.
   26    7. ANY TENANT WHO HAS IN GOOD FAITH  SECURED  AND  PAID  FOR  REPAIRS,
   27  OTHERWISE IN CONFORMANCE WITH THE PROVISIONS OF THIS SECTION AND AGAINST
   28  WHOM  AN  ACTION OR PROCEEDING TO RECOVER POSSESSION OF THE PREMISES FOR
   29  NONPAYMENT OF RENT OR ANY OTHER ACTION  OR  PROCEEDING  ATTRIBUTABLE  AT
   30  LEAST  IN  PART TO THE TENANT SEEKING OR TAKING A DEDUCTION FROM RENT AS
   31  ALLOWED BY THIS SECTION SHALL, IN ADDITION  TO  ANY  OTHER  AMOUNTS,  BE
   32  ENTITLED  TO  RECOVER  REASONABLE  COSTS  AND ATTORNEY'S FEES AGAINST AN
   33  OWNER BRINGING SUCH ACTION OR PROCEEDING.
   34    8. NO OWNER OR AGENT SHALL BE  ENTITLED  TO  RECOVER  ANY  AMOUNTS  IN
   35  DAMAGES  FROM  ANY  TENANT OR GROUP OF TENANTS WHO ATTEMPT IN GOOD FAITH
   36  AND ACT REASONABLY IN CARRYING OUT THE INTENDMENT OF THIS SECTION.
   37    9.  NO OWNER OR AGENT SHALL BE ENTITLED TO SELF-CERTIFICATION IF  SUCH
   38  OWNER  OR AGENT IS FOUND TO HAVE FALSELY SELF-CERTIFIED WITHIN THE IMME-
   39  DIATELY PRECEDING TWELVE MONTH PERIOD TO THE NEW YORK CITY DEPARTMENT OF
   40  HOUSING, PRESERVATION AND DEVELOPMENT.
   41    10.  THE REMEDY PROVIDED IN THIS SECTION SHALL NOT BE EXCLUSIVE AND  A
   42  COURT  MAY  PROVIDE  SUCH  OTHER RELIEF AS MAY BE JUST AND PROPER IN THE
   43  CIRCUMSTANCES. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR
   44  DENY  ANY  EXISTING  CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE OR COMMON
   45  LAW RIGHT OF A TENANT TO CONTRACT AND PAY FOR ANY GOODS AND SERVICES FOR
   46  SUCH MULTIPLE DWELLING. THIS SECTION SHALL NOT BE CONSTRUED TO  PRECLUDE
   47  ANY  DEFENSE,  COUNTERCLAIM OR CAUSE OF ACTION ASSERTED BY A TENANT THAT
   48  MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE  TO  PROVIDE  ANY
   49  SERVICE.
   50    11.  ANY  AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS
   51  RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO  PUBLIC
   52  POLICY.
   53    12.  THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS
   54  TO GIVE EFFECT TO THE PURPOSE SET FORTH HEREIN.
   55    S 8. The real property law is amended by adding a new section 235-h to
   56  read as follows:
       A. 2063--A                          5

    1    S 235-H. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF
    2  ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT  TO  THE
    3  TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN-
    4  TY-FOUR  HOURS  OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS OR HER
    5  AGENT,  EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING INSUF-
    6  FICIENT HEAT DURING THE MONTHS OF NOVEMBER  THROUGH  MARCH,  THE  TENANT
    7  SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR
    8  HER  RENT  PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE FAILED TO
    9  PROVIDE HEAT.
   10    S 9. This act shall take effect immediately and  shall  apply  to  all
   11  actions or proceedings pending on or commenced after such date, provided
   12  that  the  amendments  to  section 26-413 of the city rent and rehabili-
   13  tation law made by section two of this act shall remain  in  full  force
   14  and effect only as long as the public emergency requiring the regulation
   15  and control of residential rents and evictions continues, as provided in
   16  subdivision  3  of section 1 of the local emergency housing rent control
   17  act; and provided further that the amendments to section 26-515  of  the
   18  rent  stabilization  law  of nineteen hundred sixty-nine made by section
   19  three of this act shall expire on the same date as such law expires  and
   20  shall  not  affect  the expiration of such law as provided under section
   21  26-520 of such law; provided, however, that in any city  which  has  not
   22  heretofore made the classifications referred to in paragraphs b and c of
   23  subdivision 1 of section 302-d of the multiple dwelling law, as added by
   24  section  seven of this act such classifications shall be made within six
   25  months of the effective date of such section and such section shall  not
   26  be  deemed  to  take  effect in such city until such classifications are
   27  made; provided that the division of housing and community renewal  shall
   28  notify  the  legislative bill drafting commission upon the occurrence of
   29  the enactment of the legislation provided for in section seven  of  this
   30  act  in  order  that  the commission may maintain an accurate and timely
   31  effective data base of the official text of the laws of the state of New
   32  York in furtherance of effectuating the provisions of section 44 of  the
   33  legislative law and section 70-b of the public officers law.
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