S01254 Summary:

BILL NOS01254
 
SAME ASNo same as
 
SPONSORPERKINS
 
COSPNSRAVELLA, DIAZ, HASSELL-THOMPSON, HOYLMAN, KRUEGER, PARKER, SERRANO, STAVISKY
 
MLTSPNSR
 
Add S305-b, Mult Res L; add S302-d, Mult Dwell L
 
Allows tenants in multiple dwellings and multiple residences to offset against rent the cost of repairing habitability-impairing conditions in such dwelling or residence; establishes conditions and procedures therefor.
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S01254 Actions:

BILL NOS01254
 
01/09/2013REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/08/2014REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
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S01254 Floor Votes:

There are no votes for this bill in this legislative session.
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S01254 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1254
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  PERKINS, DIAZ, HASSELL-THOMPSON, KRUEGER, PARKER,
          SERRANO, STAVISKY -- read twice and ordered printed, and when  printed
          to be committed to the Committee on Housing, Construction and Communi-
          ty Development
 

        AN  ACT  to  amend  the multiple residence law and the multiple dwelling
          law, in relation to the correction  of  habitability-impairing  condi-
          tions by the tenant
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The multiple residence law  is  amended  by  adding  a  new
     2  section 305-b to read as follows:
     3    § 305-b. Right of tenant to offset payments for habitability-impairing
     4  conditions;  certain  cases. 1. Any tenant acting alone or together with
     5  other tenants of a multiple dwelling wherein there exists  one  or  more
     6  habitability-impairing conditions due to the owner's failure to maintain
     7  the  premises, may contract and pay for the correction of such condition

     8  in accordance with the provisions of this section. Any payment  so  made
     9  shall  be  deductible  from rent providing the following provisions have
    10  been substantially complied with by the tenant or someone acting on  his
    11  or her behalf:
    12    a.  The  landlord  or  his  or her agent was given at least seven days
    13  written notice that action would be taken under this section if  correc-
    14  tive measures were not rendered.
    15    b.  Reasonable efforts were made to have the condition remedied by the
    16  landlord's usual tradesman, if known to the tenant.
    17    c. Repair of the condition was made by a tradesman  regularly  engaged
    18  in the appropriate trade at a reasonable price.
    19    d.  The contractor provided a written statement containing the follow-

    20  ing:
    21    (1) The name of the person or persons who requested the services; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02692-01-3

        S. 1254                             2
 
     1    (2) The date, time of and premises at which repairs were made; and
     2    (3) The cost of labor and materials; and
     3    (4) A certification that the services were necessary; and
     4    (5) The amounts and from whom any payments were received.
     5    e.  After rendition of services, the landlord was sent by the tenant a
     6  copy of the bill from the contractor and a statement of the  amounts  to

     7  be deducted from the tenant's or tenants' rent for the month.
     8    f.  A  tenant  shall  not be required to comply with the provisions of
     9  paragraph a or b of this subdivision unless the owner  has  continuously
    10  kept  posted  in a conspicuous place at the premises a notice containing
    11  his or her name, address and telephone number or  that  of  his  or  her
    12  agent and the name, address and telephone number of the supplier of such
    13  services to the premises.
    14    2. The department charged with the enforcement of laws, ordinances and
    15  regulations in relation to multiple dwellings shall:
    16    a.  Maintain and, to the extent practicable, update at least bi-weekly
    17  an index reflecting the range of applicable wage rates of such  services

    18  within the jurisdiction of the department during the last two week peri-
    19  od for which statistics are available;
    20    b. Maintain and keep current and available a list of contractors which
    21  have  agreed  to  make  such repairs in the circumstances, and to render
    22  such assistance as is otherwise required hereby  to  enable  tenants  to
    23  obtain the benefits, contemplated by this section; and
    24    c.  Receive  and  compile  complaints  from tenants who were unable to
    25  persuade their landlords to take corrective measures  for  habitability-
    26  impairing  conditions  and  were  therefore  forced  to  resort  to  the
    27  provisions of this section.
    28    3. The payment for such services at a  price within the range of pric-

    29  es permitted by paragraph c of subdivision one of this section shall  be
    30  conclusively presumed to have been a reasonable price.
    31    4.  The  introduction into evidence in any action or proceeding of any
    32  statement rendered in compliance with the provisions of paragraph  d  of
    33  subdivision one of this section shall be presumptive of the facts stated
    34  therein.  Sufficient  foundation for the allowance into evidence of such
    35  statement shall consist in the oral testimony of any person named  as  a
    36  payer  of all or part of the amount indicated thereon relating the facts
    37  and circumstances in which the statement was rendered.
    38    5. Any tenant who has in good faith secured and paid for such services

    39  otherwise in conformance with the provisions of this section and against
    40  whom an action or proceeding to recover possession of the  premises  for
    41  nonpayment  of  rent  or  any other action or proceeding attributable at
    42  least in part to the tenant seeking or taking a deduction from  rent  as
    43  allowed  by  this  section  shall,  in addition to any other amounts, be
    44  entitled to recover reasonable costs  and  attorney's  fees  against  an
    45  owner bringing such action or proceeding.
    46    6.  No  owner  or  agent  shall  be entitled to recover any amounts in
    47  damages from any contractor who attempts in good faith and acts  reason-
    48  ably  to carry out the intendment of this section except damages arising
    49  out of gross negligence.

    50    7. The remedy provided in this section shall not be  exclusive  and  a
    51  court  may  provide  such  other relief as may be just and proper in the
    52  circumstances. Nothing in this section shall be construed  to  limit  or
    53  deny  any  existing  constitutional, statutory, administrative or common
    54  law right of a tenant to contract and pay  for  such  services  for  the
    55  multiple  dwelling  in which he or she resides or to pay for the cost of
    56  any other goods and services for such multiple  dwelling.  This  section

        S. 1254                             3
 
     1  shall not be construed to preclude any defense, counterclaim or cause of
     2  action  that  may  otherwise exist with respect to an owner's failure to
     3  provide heat or any other service.

     4    8. Any agreement by a tenant of a dwelling waiving or modifying his or
     5  her  rights  as  set  forth in this section shall be void as contrary to
     6  public policy.
     7    9. The provisions of this section shall be liberally construed  so  as
     8  to give effect to the purposes set forth in this section.
     9    10.  Nothing contained in this section and no payment made pursuant to
    10  this section shall be deemed to discharge the liability of a renter with
    11  an interest in real property pursuant  to  subdivision  two  of  section
    12  three  hundred  four  of  the real property tax law from taxes levied on
    13  such interest.
    14    § 2. The multiple dwelling law is amended  by  adding  a  new  section
    15  302-d to read as follows:

    16    § 302-d. Right of tenant to offset payments for habitability-impairing
    17  conditions;  certain  cases. 1. Any tenant acting alone or together with
    18  other tenants of a multiple dwelling wherein there exists  one  or  more
    19  habitability-impairing conditions due to the owner's failure to maintain
    20  the  premises, may contract and pay for the correction of such condition
    21  in accordance with the provisions of this section. Any payment  so  made
    22  shall  be  deductible  from rent providing the following provisions have
    23  been substantially complied with by the tenant or someone acting on  his
    24  or her behalf:
    25    a.  Reasonable  efforts  were  made to contact the owner or his or her
    26  agent in writing to inform the owner of such condition.

    27    b. Reasonable efforts were made to have the condition remedied by  the
    28  landlord's usual tradesman, if known to the tenant.
    29    c.  Repair  of the condition was made by a tradesman regularly engaged
    30  in the appropriate trade at a reasonable price.
    31    d. The contractor provided a written statement containing the  follow-
    32  ing:
    33    (1) The name of the person or persons who requested the services; and
    34    (2) The date, time of and premises at which repairs were made; and
    35    (3) The cost of labor and materials; and
    36    (4) A certification that the services were necessary; and
    37    (5) The amounts and from whom any payments were received.
    38    e.  A  tenant  shall  not be required to comply with the provisions of

    39  paragraph a or b of this subdivision unless the owner  has  continuously
    40  kept  posted  in a conspicuous place at the premises a notice containing
    41  his or her name, address and telephone number or  that  of  his  or  her
    42  agent and the name, address and telephone number of the supplier of such
    43  services to the premises.
    44    2. 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 applicable wage rates of such  services
    48  within the jurisdiction of the department during the last two week peri-
    49  od for which statistics are available; and

    50    b. Maintain and keep current and available a list of contractors which
    51  have  agreed  to  make  such repairs in the circumstances, and to render
    52  such assistance as is otherwise required hereby  to  enable  tenants  to
    53  obtain the benefits, contemplated by this section.
    54    3. The payment for such services at a  price within the range of pric-
    55  es  permitted by paragraph c of subdivision one of this section shall be
    56  conclusively presumed to have been a reasonable price.

        S. 1254                             4
 
     1    4. The introduction into evidence in any action or proceeding  of  any
     2  statement  rendered  in compliance with the provisions of paragraph d of
     3  subdivision one of this section shall be presumptive of the facts stated

     4  therein. Sufficient foundation for the allowance into evidence  of  such
     5  statement  shall  consist in the oral testimony of any person named as a
     6  payer of all or part of the amount indicated thereon relating the  facts
     7  and circumstances in which the statement was rendered.
     8    5. Any tenant who has in good faith secured and paid for such services
     9  otherwise in conformance with the provisions of this section and against
    10  whom  an  action or proceeding to recover possession of the premises for
    11  nonpayment of rent or any other action  or  proceeding  attributable  at
    12  least  in  part to the tenant seeking or taking a deduction from rent as
    13  allowed by this section shall, in addition  to  any  other  amounts,  be

    14  entitled  to  recover  reasonable  costs  and attorney's fees against an
    15  owner bringing such action or proceeding.
    16    6. No owner or agent shall be  entitled  to  recover  any  amounts  in
    17  damages  from any contractor who attempts in good faith and acts reason-
    18  ably to carry out the intendment of this section except damages  arising
    19  out of gross negligence.
    20    7.  The  remedy  provided in this section shall not be exclusive and a
    21  court may provide such other relief as may be just  and  proper  in  the
    22  circumstances.  Nothing  in  this section shall be construed to limit or
    23  deny any existing constitutional, statutory,  administrative  or  common
    24  law  right  of  a  tenant  to contract and pay for such services for the

    25  multiple dwelling in which he or she resides or to pay for the  cost  of
    26  any  other  goods  and services for such multiple dwelling. This section
    27  shall not be construed to preclude any defense, counterclaim or cause of
    28  action that may otherwise exist with respect to an  owner's  failure  to
    29  provide heat or any other service.
    30    8. Any agreement by a tenant of a dwelling waiving or modifying his or
    31  her  rights  as  set  forth in this section shall be void as contrary to
    32  public policy.
    33    9. The provisions of this section shall be liberally construed  so  as
    34  to give effect to the purposes set forth in this section.
    35    10.  Nothing contained in this section and no payment made pursuant to

    36  this section shall be deemed to discharge the liability of a renter with
    37  an interest in real property pursuant  to  subdivision  two  of  section
    38  three  hundred  four  of  the real property tax law from taxes levied on
    39  such interest.
    40    § 3. This act shall take effect immediately.
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