New York State Assembly

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A03475 Summary:

BILL NO	A03475
SAME AS	No same as
SPONSOR	Wright
COSPNSR	Sepulveda
MLTSPNSR	Perry
Add S235-h, RP L
Allows a tenant to offset against future rental payments the cost of certain emergency repairs a landlord is either unwilling or unable to correct within twenty-four hours of notice to the landlord of the need for such emergency repair, provided that the tenant provides landlord with itemized cost accounting of all emergency repairs made.

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A03475 Actions:

BILL NO	A03475
01/25/2013	referred to judiciary
01/08/2014	referred to judiciary

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A03475 Floor Votes:

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A03475 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3475
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2013
                                       ___________
 
        Introduced by M. of A. WRIGHT -- read once and referred to the Committee
          on Judiciary
 
        AN  ACT to amend the real property law, in relation to tenants' right to
          offset rental payments by the cost of certain emergency repairs
 
          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-h to read as follows:
     3    § 235-h. Tenant right to offset rental payments by the cost  of  emer-
     4  gency  repairs.  1.  Every tenant may offset against rental payments the
     5  cost of making emergency repairs when a landlord is either unwilling  or
     6  unable to correct the situation within twenty-four hours. Such emergency
     7  repairs shall include:
     8    (a)  Broken  windows which allow the migration of outside air into the
     9  living area of a dwelling during the winter months.
    10    (b) Broken or otherwise inoperable exterior security locks.
    11    (c) Broken or otherwise inoperable water closets.
    12    (d) Removal of obstructions from sewage lines.

    13    (e) Broken or otherwise inoperable plumbing lines which  cause  inter-
    14  ruption of delivery of both cold and hot water supplies.
    15    (f) Leaks or obstructions in supply and delivery gas lines.
    16    2.  The  tenant shall make a good faith effort to contact the landlord
    17  to notify him of the emergency situation; and in the event the  landlord
    18  does  not  respond  within  twenty-four  hours the tenant shall have the
    19  right to make all  necessary  emergency  repairs,  and  may  offset  the
    20  reasonable  cost  thereof  from  future rent. The tenant must secure and
    21  provide to the landlord an itemized cost  accounting  of  all  emergency
    22  repairs made.
    23    § 2.  This act shall take effect immediately.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00705-01-3

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