Enhances legal protections and remedies for tenants in special proceedings brought in New York city, Westchester, Rockland, Nassau and Suffolk against property owners alleging conditions dangerous to life, safety or health; includes prolonged exposure to known or suspected carcinogens as grounds for an article 7-A proceeding.
STATE OF NEW YORK
________________________________________________________________________
2080
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. O'DONNELL, DINOWITZ, CLARK, ALFANO -- Multi-Spon-
sored by -- M. of A. BARRA, GLICK, PHEFFER, WRIGHT -- read once and
referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to enhancing legal protections and remedies for tenants
against threats to health and safety
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 770 of the real property actions
2 and proceedings law, as amended by chapter 877 of the laws of 1982, is
3 amended to read as follows:
4 1. One-third or more of the tenants occupying a dwelling located in
5 the city of New York or the commissioner of the department of the city
6 of New York charged with enforcement of the housing maintenance code of
7 such city, or in the counties of Nassau, Suffolk, Rockland and Westches-
8 ter may maintain a special proceeding as provided in this article, upon
9 the ground that there exists in such dwellings or in any part thereof a
10 lack of heat or of running water or of light or of electricity or of
11 adequate sewage disposal facilities, or [any other condition dangerous
12 to life, health or safety, which has existed for five days, or an infes-
13 tation by rodents, or any combination of such conditions;] an infesta-
14 tion of rodents or course of conduct by the owner or his agents of
15 harassment, illegal eviction, continued deprivation of services [or
16 other acts dangerous to life, health or safety]; or any other condition
17 dangerous to life, health or safety which has existed for five days, and
18 that, either immediately or over an extended period of time, poses a
19 credible threat of disease, injury or death, such that an average
20 person's probability of incurring disease, injury or death is increased.
21 Any combination of such conditions similarly provides grounds for
22 special proceeding.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00045-01-9
A. 2080 2
1 § 2. Subdivision c of section 775 of the real property actions and
2 proceedings law, as amended by chapter 877 of the laws of 1982, is
3 amended and a new subdivision d is added to read as follows:
4 c. Any tenant or resident of the dwelling has refused entry to the
5 owner or his agent to a portion of the premises for the purpose of
6 correcting such condition or conditions[.]; or
7 d. The owner's actions are not creating a condition dangerous to life,
8 health, or safety. Such defense by an owner shall be corroborated by the
9 testimony of a reliable professional expert in the medical or scientific
10 field that the owner's actions are not posing a threat to such
11 petitioner's health.
12 § 3. The real property actions and proceedings law is amended by
13 adding a new section 784 to read as follows:
14 § 784. "Credible threat of disease" defined. As used in this article,
15 the term "credible threat of disease" shall include, but not be limited
16 to, prolonged exposure to known or suspected carcinogens, as identified
17 by the United States department of health and human services, and other
18 potentially harmful carcinogens including, but not limited to, radi-
19 ation, magnetic fields, toxic substances and hazardous materials.
20 § 4. This act shall take effect immediately.
