A02996 Summary:

BILL NOA02996
 
SAME ASNo same as
 
SPONSORRobinson (MS)
 
COSPNSR
 
MLTSPNSRChristensen, Greene, Mayersohn, Towns
 
Add S235-g, RP L; add S85, Mult Dwell L; add S305-b, Mult Res L; add S784, RPAP L; add S5-907, Gen Ob L
 
Provides that all residential leases shall contain a detailed description of tenant's statutory rights including among others, warranty of habitability, willful violation of lease, right to participate in tenants' associations, no eviction for good faith complaint, utility payment offset and sublet rights; grants tenant the right to install extra locks; sets out landlord obligations with respect to heating and oil delivery.
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A02996 Actions:

BILL NOA02996
 
01/22/2009referred to judiciary
01/06/2010referred to judiciary
06/08/2010held for consideration in judiciary
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A02996 Floor Votes:

There are no votes for this bill in this legislative session.
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A02996 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2996
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2009
                                       ___________
 
        Introduced by M. of A. ROBINSON -- Multi-Sponsored by -- M. of A. CHRIS-
          TENSEN,  GREENE,  MAYERSOHN,  TOWNS  --  read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the real property law, the multiple  dwelling  law,  the
          multiple  residence law, the real property actions and proceedings law

          and the general obligations law, in relation to requiring all residen-
          tial leases to disclose tenants' rights
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  real property law is amended by adding a new section
     2  235-g to read as follows:
     3    § 235-g.  Standard lease clause. 1. Every  written  residential  lease
     4  shall contain the following clauses:
     5    a.  "Warranty  of habitability". The landlord promises that the apart-
     6  ment and building are fit to live in and  not  dangerous  to  the  life,
     7  health  or  safety  of  the  occupants. Unless the apartment or building
     8  becomes unfit to live in due to the misconduct  of  the  tenant  or  the

     9  tenant's family or guests, the landlord will be held responsible if this
    10  promise is broken, even if it is not his fault.
    11    Conditions  which  would  violate  this  promise  include, but are not
    12  limited to: insect or rodent infestation, insufficient heat and plumbing
    13  facilities, significantly dangerous electrical outlets  or  wiring,  and
    14  inadequate sanitation facilities.
    15    If the promise is violated, the tenant may withhold from rent the loss
    16  in the value of the apartment due to the violation.
    17    b.  "Willful  violation  of lease". If the landlord or his employee or
    18  agent intentionally violates a provision of this lease or  intentionally
    19  interferes with the tenant's quiet enjoyment of the apartment, the land-

    20  lord is guilty of a criminal offense.
    21    c.  "Tenant's  associations". The tenant has the right to organize and
    22  participate in the activities of any group or  association  of  tenants.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01866-01-9

        A. 2996                             2
 
     1  Tenant groups have the legal right to meet in common areas of the build-
     2  ing  at reasonable hours as long as these meetings do not interfere with
     3  the right of others to enter, leave or move about the building.
     4    The landlord will not punish, harass, or evict any tenant for exercis-
     5  ing this right.

     6    d.  "No eviction for good faith complaint". The landlord may not evict
     7  a tenant or refuse to renew the lease for one year  in  retaliation  for
     8  the  tenant  bringing a good faith complaint to a governmental authority
     9  for an alleged violation of this lease or any law or regulation  govern-
    10  ing the apartment.
    11    e. "Trial by jury". The landlord and tenant have the right to trial by
    12  jury in any action for personal injury or property damage.
    13    f.  "Utility  payment  offset".  If  the  landlord  is responsible for
    14  payment to a utility company, and in order to avoid  a  shut-off  or  to
    15  restore  service  the tenant pays a portion of the utility bill directly
    16  to the utility, the amount paid may be deducted from the rent.

    17    2. Every written residential lease  for  a  residence  in  a  dwelling
    18  having  four  or  more  residential  units  shall  contain the following
    19  clause:
    20    "Sublet". The tenant has the right  to  turn  over  the  apartment  to
    21  another  qualified  person  for the time remaining under this lease. But
    22  the tenant will still be responsible to the landlord if the other person
    23  does not pay the rent or violates the lease in any other way.
    24    The following steps must be taken if the tenant wants to turn over the
    25  apartment to another person:
    26    a. The tenant must send the landlord a letter by registered or  certi-
    27  fied  mail  asking  permission  to  turn  over the apartment. The letter

    28  should have the name, business and home addresses of the person who will
    29  take the apartment.
    30    b. Within ten days after the request is mailed the  landlord  may  ask
    31  for additional information about the person who wants to take the apart-
    32  ment.
    33    c. The landlord has thirty days from either the mailing of the request
    34  or  the  sending  of  the additional information, whichever is later, to
    35  answer the tenant's request. If the landlord  does  not  respond  within
    36  that time, the tenant may turn over the apartment.
    37    d.  If  the landlord denies permission without good reason, the tenant
    38  has the right to cancel the lease.
    39    3. If a residential lease  provides  that  the  landlord  may  recover

    40  attorneys' fees or expenses from the tenant for any action or proceeding
    41  arising out of the lease, the lease shall contain the following clause:
    42    "If  the  tenant  is  successful  in  the defense or prosecution of an
    43  action or proceeding arising out of this lease, the tenant  may  recover
    44  attorneys' fees and expenses from the landlord."
    45    4.  a.  Every  monthly  tenant  and  tenant  from month-to-month shall
    46  receive from the landlord at the start of the tenancy, written notice of
    47  their rights as a tenant. For the purposes  of  this  section,  adequate
    48  notice shall be deemed to have been satisfied if the writing consists of
    49  language  used  under  the  requirements for a written lease pursuant to

    50  this section, section 5-907 of  the  general  obligations  law,  section
    51  eighty-five  of  the multiple dwelling law, section three hundred five-b
    52  of the multiple residence law and section seven hundred  eighty-four  of
    53  the  real property actions and proceedings law for each section applica-
    54  ble to the tenant.

        A. 2996                             3
 
     1    b. Every landlord shall give the notice required under subdivision one
     2  of this section to each of his tenants residing as of January first, two
     3  thousand ten.
     4    c.  A  landlord  is not required to give this notice to a tenant whose
     5  month-to-month tenancy is created by section two hundred thirty-two-c of
     6  this article.

     7    5. A violation of any provision of this section or any other provision
     8  requiring that residential leases contain  specific  language  shall  be
     9  punishable by a fine of not more than one hundred dollars.
    10    §  2.  The multiple dwelling law is amended by adding a new section 85
    11  to read as follows:
    12    § 85. Standard lease clauses. 1. Every written lease for an  apartment
    13  for  which section fifty-one-c of this article applies shall contain the
    14  following clause:  "The tenant has the right to install an extra lock on
    15  any entrance door to the apartment. The  landlord  may  not  refuse  the
    16  tenant  permission  to install the lock and may not charge a fee for the
    17  right to install the lock. The tenant must provide the landlord  with  a

    18  duplicate key to all extra locks installed by the tenant upon request."
    19    2.  Every  written  lease  for an apartment for which section seventy-
    20  eight of this title applies shall contain the following clause:
    21    "Landlord shall keep every part of the building in good repair. Howev-
    22  er, the tenant shall be responsible for damage caused by the  misconduct
    23  or negligence of the tenant, tenant's family or guests."
    24    3.  Every  written  lease for an apartment for which section eighty of
    25  this title applies shall contain the following clause:
    26    "Landlord shall keep every common area in the building, and the lot in
    27  which it is situated, clean and free from vermin, garbage, dirt or other
    28  matter dangerous to life or health."

    29    4. Every written lease for an apartment for which section seventy-nine
    30  of this title applies shall contain the following clause:
    31    "Landlord must provide heat sufficient to maintain the minimum temper-
    32  atures of _____ degrees Fahrenheit during the hours of  _____  to  _____
    33  and  _____ degrees Fahrenheit during the hours of _____ to _____ between
    34  the dates of _____ to _____," with the landlord  filling  in  the  lease
    35  with  the  appropriate  temperature,  hours, and dates required by local
    36  law, ordinance, rule, or regulation or by the local public health  offi-
    37  cer.
    38    5.  Every  written  lease  for  an  apartment  for which section three
    39  hundred two-c of  this  chapter  applies  shall  contain  the  following
    40  clause:

    41    "If  the  landlord  is  responsible for paying for delivery of heating
    42  oil, and there is a lack of heat because the landlord fails to have  the
    43  oil  supplied, the tenant, alone or together with other tenants, may pay
    44  for the oil delivery and deduct the payment from the rent. The following
    45  procedures must be followed:
    46    a. Reasonable efforts must first be made to inform the  owner  or  his
    47  agent  of  the  lack  of oil and to have the normal fuel supplier to the
    48  apartment deliver the oil (Note: the tenant need only comply  with  this
    49  step  if  the landlord has conspicuously posted a notice with an address
    50  and phone number where he or his agent can be  contacted  and  with  the
    51  name, address, and phone number of the normal fuel supplier).

    52    b.  Delivery  of  fuel oil to the premises must be secured from a fuel
    53  supplier regularly engaged in the business at a price within  the  range
    54  of  prices listed by the department charged with enforcing landlord-ten-
    55  ant laws and regulations.

        A. 2996                             4
 
     1    c. The fuel supplier from whom oil is secured must provide  a  written
     2  statement containing the following:
     3    (1) The name of the person or persons who requested the delivery; and
     4    (2) The date, time and premises to which delivery was made; and
     5    (3) The amount, grade and price of the oil delivered; and
     6    (4)  A  certification that the usable fuel supply was exhausted before
     7  the delivery; and

     8    (5) The charge, if any, for refiring the burner; and
     9    (6) The amounts and from whom any payments were received."
    10    § 3. The multiple residence law is amended by  adding  a  new  section
    11  305-b to read as follows:
    12    §  305-b. Standard lease clauses. 1. Every written lease for an apart-
    13  ment for which section one hundred seventy-three of this chapter applies
    14  shall contain the following clause:
    15    "Landlord must provide heat sufficient to maintain the minimum temper-
    16  atures of _____ degrees Fahrenheit, for the hours of _____ to _____  and
    17  _____  degrees Fahrenheit during the hours of _____ to _____ between the
    18  date of _____ to _____" with the landlord filling in the lease with  the

    19  appropriate  temperature,  hours, and dates required by local law, ordi-
    20  nance, rule, or regulation or by the local public health officer.
    21    2. Every written lease for an apartment for which section one  hundred
    22  seventy-four of this chapter applies shall contain the following clause:
    23    "Landlord  shall  keep every part of the building and the lot on which
    24  it is situated in  good repair, clean and  free  from  vermin,  rodents,
    25  dirt, filth, garbage or other matter dangerous to life or health. Howev-
    26  er,  the  tenant  shall also be responsible for any damage caused by the
    27  misconduct or negligence of the tenant, tenant's family or guests."
    28    3. Every written lease  for  an  apartment  for  which  section  three

    29  hundred  five-a  of  this  article  applies  shall contain the following
    30  clause:
    31    "A rent-impairing violation is defined in New York  Codes,  Rules  and
    32  Regulations, Title 9, Part 1300. It includes, but is not limited to:
    33    (a)  failure  to  keep  premises  in  good repair, clean and free from
    34  vermin and rodents, (b) failure to provide an adequate supply  of  heat,
    35  and (c) lack of artificial lights in every public hall and stair."
    36    "If  such a violation exists, the tenant should report it to the divi-
    37  sion of housing and community renewal. If within six  months  after  the
    38  division  cites  the  building  for  the violation the landlord does not
    39  correct the violation or file a plan to correct it, the landlord may not

    40  recover rent from any tenant whose apartment contains the violation.  If
    41  the violation is in an area common  to  all  tenants,  no  rent  may  be
    42  collected from any tenant."
    43    "If  the  landlord  sues  to recover the rent withheld or to evict for
    44  non-payment of rent, the tenant must deposit the rent  sought  with  the
    45  clerk of the court where the landlord's suit was brought. After deposit-
    46  ing the rent, the tenant may not be evicted for non-payment of rent."
    47    4.  Every  written  lease  for  an  apartment  for which section three
    48  hundred five-c of this  article  applies  shall  contain  the  following
    49  clause:
    50    "If  the  landlord  is  responsible for paying for delivery of heating

    51  oil, and there is a lack of heat because the landlord fails to have  the
    52  oil  supplied, the tenant, alone or together with other tenants, may pay
    53  for the oil delivery and deduct the payment from the rent. The following
    54  procedures must be followed:
    55    a. Reasonable efforts must first be made to inform the  owner  or  his
    56  agent  of  the  lack  of oil and to have the normal fuel supplier to the

        A. 2996                             5
 
     1  apartment deliver the oil (Note: the tenant need only comply  with  this
     2  step  if  the landlord has conspicuously posted a notice with an address
     3  and phone number where he or his agent can be  contacted  and  with  the
     4  name, address, and phone number of the normal fuel supplier).

     5    b.  Delivery  of  fuel oil to the premises must be secured from a fuel
     6  supplier regularly engaged in the business at a price within  the  range
     7  of  prices listed by the department charged with enforcing landlord-ten-
     8  ant laws and regulations.
     9    c. The fuel supplier from whom oil is secured must provide  a  written
    10  statement containing the following:
    11    (1) The name of the person or persons who requested the delivery; and
    12    (2) The date, time and premises to which delivery was made; and
    13    (3) The amount, grade and price of the oil delivered; and
    14    (4)  A  certification that the usable fuel supply was exhausted before
    15  the delivery; and
    16    (5) The charge, if any, for refiring the burner; and

    17    (6) The amounts and from whom any payments were received."
    18    § 4. The real property actions  and  proceedings  law  is  amended  by
    19  adding a new section 784 to read as follows:
    20    § 784. Required lease provisions. Every written lease for an apartment
    21  for which this article applies shall contain the following clause:
    22    "Rent deposited in court". If there exists in any part of the building
    23  a  lack  of  running water, light, electricity, adequate sewage disposal
    24  facilities, or any other condition dangerous to life, health or  safety,
    25  which has existed for five days, or an infestation by rodents, one-third
    26  or  more  of  the  tenants  living  in  the building may bring a special
    27  proceeding in court. The court may order that the rents  due  and  rents

    28  due  in the future be deposited with the court to be used exclusively to
    29  remedy any of these conditions.
    30    "No rent may be withheld or deposited or  deposited  with  the  court,
    31  however,  if  the  tenant or tenant's family or guests caused the condi-
    32  tion."
    33    § 5. The general obligations law is amended by adding  a  new  section
    34  5-907 to read as follows:
    35    §  5-907.  Standard  lease clauses. 1. Every written residential lease
    36  shall contain the following clause:
    37    "Landlord's liability". The landlord is legally responsible for  inju-
    38  ries  to people and property resulting from his negligence or the negli-
    39  gence of his agents or employees in the operation or maintenance of  the
    40  building or the lot containing the building.

    41    2. Every written residential lease for an apartment for which subdivi-
    42  sion  two-a  of  section 7-103 of this chapter applies shall contain the
    43  following clause:
    44    "Security deposit". The landlord must put the security deposit into  a
    45  bank  account  paying  the prevailing rate of interest. The landlord may
    46  keep one percent a year for administrative expenses.  The  rest  of  the
    47  interest  will be paid to the tenant each year or treated as an addition
    48  to the tenant's security deposit.
    49                    The security deposit will be located in
    50                       Bank___________________________
    51                      Address_________________________,
    52  with the landlord filling in how the interest will be disbursed and  the

    53  name and address of the bank holding the security deposit.
    54    §  6. This act shall take effect on the first of January next succeed-
    55  ing the date on which it shall have become a law.
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