A01612 Summary:

BILL NOA01612
 
SAME ASNo same as
 
SPONSORRosenthal (MS)
 
COSPNSRMillman, Clark, Gottfried, Kavanagh, Dinowitz, Kellner
 
MLTSPNSRBoyland, Colton, Farrell, Glick, Robinson, Wright
 
Amd S26-412, add S26-519.1, NYC Ad Cd; add S12-b, Emerg Ten Prot Act of 1974
 
Provides that with respect to apartments covered by rent control, rent stabilization, or the emergency tenant protection act, a landlord must be free of outstanding building code violations to bring an action or proceeding for rent or eviction; provides alternative provisions for disputed violations; requires tenants to pay rent into an interest bearing account to be maintained by the court during the pendency of the dispute over the violation; payments may be made from such account to cover utility bills and the making of necessary repairs if the dispute is resolved in favor of the tenant; if such dispute is resolved in favor of the landlord, then he or she shall receive all such payments with interest thereon.
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A01612 Actions:

BILL NOA01612
 
01/11/2011referred to housing
01/04/2012referred to housing
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A01612 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1612
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2011
                                       ___________
 
        Introduced  by  M. of A. ROSENTHAL, MILLMAN, CLARK, GOTTFRIED, KAVANAGH,
          DINOWITZ, MAYERSOHN,  KELLNER  --  Multi-Sponsored  by  --  M.  of  A.
          BOYLAND,  COLTON,  GLICK,  ROBINSON,  TOWNS,  WRIGHT  -- read once and
          referred to the Committee on Housing
 
        AN ACT to amend the administrative code of the city of New York and  the

          emergency  tenant protection act of nineteen seventy-four, in relation
          to  conditions  precedent  to  the  bringing  of  certain  actions  or
          proceedings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 26-412 of the administrative code of  the  city  of
     2  New York is amended by adding a new subdivision g to read as follows:
     3    g.  (1)  It  shall  be  unlawful  for a landlord to bring an action or
     4  proceeding for rent or eviction against a tenant or tenants  of  housing
     5  accommodations that are subject to an outstanding official charge of, or
     6  an  uncured, violation of any applicable building code. The pleadings of
     7  the landlord in any such action or proceeding shall be accompanied by  a

     8  certificate  from  the  department  of  buildings stating whether or not
     9  there are any such outstanding violations. In the event that a  landlord
    10  disputes  a  violation, he or she shall so state in his or her pleadings
    11  his or her reasons for such dispute. He or she may then proceed with the
    12  action or proceeding.
    13    (2) During the pendency of the dispute over the violation, the  tenant
    14  or  tenants shall pay rent, or any judgment or order therefor awarded to
    15  the landlord, into an interest bearing account to be maintained  by  the
    16  court. If the disputed violation is resolved in the landlord's favor, he
    17  or  she  shall receive all such payments together with interest thereon.
    18  If the  disputed  violation  is  resolved  against  the  landlord,  such

    19  payments shall first be applied to funding the curing of such violations
    20  and  the balance thereof, if any, shall then be paid to the landlord. In
    21  the event that a landlord or tenant or tenants are able  to  demonstrate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02264-01-1

        A. 1612                             2
 
     1  financial  necessity  therefor,  the court may, in its discretion, apply
     2  funds in its custody to the payment of utility bills, if such  utilities
     3  are  currently  provided  by  the  landlord, and the making of necessary

     4  repairs  in  the  presence  of  conditions  that threaten the health and
     5  welfare of the tenant.
     6    § 2. The administrative code of the city of New  York  is  amended  by
     7  adding a new section 26-519.1 to read as follows:
     8    §  26-519.1  Conditions precedent to action or proceeding. a. It shall
     9  be unlawful for a landlord to bring an action or proceeding for rent  or
    10  eviction  against a tenant or tenants of housing accommodations that are
    11  subject to an outstanding official charge of, or an  uncured,  violation
    12  of  the  building code. The pleadings of the landlord in any such action
    13  or proceeding shall be accompanied by a certificate from the  department
    14  of  buildings  stating  whether  or  not  there are any such outstanding

    15  violations. In the event that a landlord disputes a violation, he or she
    16  shall so state in his or her pleadings  his  or  her  reasons  for  such
    17  dispute. He or she may then proceed with the action or proceeding.
    18    b.  During  the pendency of the dispute over the violation, the tenant
    19  or tenants shall pay rent, or any judgment or order therefor awarded  to
    20  the  landlord,  into an interest bearing account to be maintained by the
    21  court. If the disputed violation is resolved in the landlord's favor, he
    22  or she shall receive all such payments together with  interest  thereon.
    23  If  the  disputed  violation  is  resolved  against  the  landlord, such
    24  payments shall first be applied to funding the curing of such violations

    25  and the balance thereof, if any, shall then be paid to the landlord.  In
    26  the  event  that a landlord or tenant or tenants are able to demonstrate
    27  financial necessity therefor, the court may, in  its  discretion,  apply
    28  funds  in its custody to the payment of utility bills, if such utilities
    29  are currently provided by the landlord,  and  the  making  of  necessary
    30  repairs  in  the  presence  of  conditions  that threaten the health and
    31  welfare of the tenant.
    32    § 3. Section 4 of chapter 576 of the laws of  1974,  constituting  the
    33  emergency  tenant protection act of nineteen seventy-four, is amended by
    34  adding a new section 12-b to read as follows:
    35    § 12-b. Conditions precedent to action or proceeding. a. It  shall  be

    36  unlawful  for  a  landlord  to bring an action or proceeding for rent or
    37  eviction against a tenant or tenants of housing accommodations that  are
    38  subject  to  an outstanding official charge of, or an uncured, violation
    39  of any applicable building code. The pleadings of the  landlord  in  any
    40  such action or proceeding shall be accompanied by a certificate from the
    41  department  of  buildings  stating  whether  or  not  there are any such
    42  outstanding  violations.  In  the  event  that  a  landlord  disputes  a
    43  violation,  he  or she shall so state in his or her pleadings his or her
    44  reasons for such dispute. He or she may then proceed with the action  or
    45  proceeding.
    46    b.  During  the pendency of the dispute over the violation, the tenant

    47  or tenants shall pay rent, or any judgment or order therefor awarded  to
    48  the  landlord,  into an interest bearing account to be maintained by the
    49  court. If the disputed violation is resolved in the landlord's favor, he
    50  or she shall receive all such payments together with  interest  thereon.
    51  If  the  disputed  violation  is  resolved  against  the  landlord, such
    52  payments shall first be applied to funding the curing of such violations
    53  and the balance thereof, if any, shall then be paid to the landlord.  In
    54  the  event  that a landlord or tenant or tenants are able to demonstrate
    55  financial necessity therefor, the court may, in  its  discretion,  apply
    56  funds  in its custody to the payment of utility bills, if such utilities


        A. 1612                             3
 
     1  are currently provided by the landlord,  and  the  making  of  necessary
     2  repairs  in  the  presence  of  conditions  that threaten the health and
     3  welfare of the tenant.
     4    § 4. This act shall take effect immediately; provided that:
     5    (a)  the  amendment  to  section 26-412 of the city rent and rehabili-
     6  tation law made by section one of this act shall remain  in  full  force
     7  and effect only so long as the public emergency requiring the regulation
     8  and control of residential rents and evictions continues, as provided in
     9  subdivision  3  of section 1 of the local emergency housing rent control
    10  act;
    11    (b) the addition of section 26-519.1 to the rent stabilization law  of
    12  nineteen hundred sixty-nine made by section two of this act shall expire

    13  on the same date as such law expires and shall not affect the expiration
    14  of such law as provided under section 26-520 of such law; and
    15    (c)  the  addition  of section 12-b to the emergency tenant protection
    16  act of nineteen seventy-four made by section three  of  this  act  shall
    17  expire  on  the  same  date as such act expires and shall not affect the
    18  expiration of such act as provided in section 17 of chapter 576  of  the
    19  laws of 1974, as amended.
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