Amd §26-412, add §26-519.1, NYC Ad Cd; add §12-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; establishes 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; provides that if such dispute is resolved in favor of the landlord, then he or she shall receive all such payments with interest thereon.
STATE OF NEW YORK
________________________________________________________________________
5278
2021-2022 Regular Sessions
IN SENATE
March 1, 2021
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
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
22 financial necessity therefor, the court may, in its discretion, apply
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00538-02-1
S. 5278 2
1 funds in its custody to the payment of utility bills, if such utilities
2 are currently provided by the landlord, and the making of necessary
3 repairs in the presence of conditions that threaten the health and
4 welfare of the tenant.
5 § 2. The administrative code of the city of New York is amended by
6 adding a new section 26-519.1 to read as follows:
7 § 26-519.1 Conditions precedent to action or proceeding. a. It shall
8 be unlawful for a landlord to bring an action or proceeding for rent or
9 eviction against a tenant or tenants of housing accommodations that are
10 subject to an outstanding official charge of, or an uncured, violation
11 of the building code. The pleadings of the landlord in any such action
12 or proceeding shall be accompanied by a certificate from the department
13 of buildings stating whether or not there are any such outstanding
14 violations. In the event that a landlord disputes a violation, he or she
15 shall so state in his or her pleadings his or her reasons for such
16 dispute. He or she may then proceed with the action or proceeding.
17 b. During the pendency of the dispute over the violation, the tenant
18 or tenants shall pay rent, or any judgment or order therefor awarded to
19 the landlord, into an interest bearing account to be maintained by the
20 court. If the disputed violation is resolved in the landlord's favor, he
21 or she shall receive all such payments together with interest thereon.
22 If the disputed violation is resolved against the landlord, such
23 payments shall first be applied to funding the curing of such violations
24 and the balance thereof, if any, shall then be paid to the landlord. In
25 the event that a landlord or tenant or tenants are able to demonstrate
26 financial necessity therefor, the court may, in its discretion, apply
27 funds in its custody to the payment of utility bills, if such utilities
28 are currently provided by the landlord, and the making of necessary
29 repairs in the presence of conditions that threaten the health and
30 welfare of the tenant.
31 § 3. Section 4 of chapter 576 of the laws of 1974, constituting the
32 emergency tenant protection act of nineteen seventy-four, is amended by
33 adding a new section 12-b to read as follows:
34 § 12-b. Conditions precedent to action or proceeding. a. It shall be
35 unlawful for a landlord to bring an action or proceeding for rent or
36 eviction against a tenant or tenants of housing accommodations that are
37 subject to an outstanding official charge of, or an uncured, violation
38 of any applicable building code. The pleadings of the landlord in any
39 such action or proceeding shall be accompanied by a certificate from the
40 department of buildings stating whether or not there are any such
41 outstanding violations. In the event that a landlord disputes a
42 violation, he or she shall so state in his or her pleadings his or her
43 reasons for such dispute. He or she may then proceed with the action or
44 proceeding.
45 b. During the pendency of the dispute over the violation, the tenant
46 or tenants shall pay rent, or any judgment or order therefor awarded to
47 the landlord, into an interest bearing account to be maintained by the
48 court. If the disputed violation is resolved in the landlord's favor, he
49 or she shall receive all such payments together with interest thereon.
50 If the disputed violation is resolved against the landlord, such
51 payments shall first be applied to funding the curing of such violations
52 and the balance thereof, if any, shall then be paid to the landlord. In
53 the event that a landlord or tenant or tenants are able to demonstrate
54 financial necessity therefor, the court may, in its discretion, apply
55 funds in its custody to the payment of utility bills, if such utilities
56 are currently provided by the landlord, and the making of necessary
S. 5278 3
1 repairs in the presence of conditions that threaten the health and
2 welfare of the tenant.
3 § 4. This act shall take effect immediately; provided that:
4 (a) the amendment to section 26-412 of the city rent and rehabili-
5 tation law made by section one of this act shall remain in full force
6 and effect only so long as the public emergency requiring the regulation
7 and control of residential rents and evictions continues, as provided in
8 subdivision 3 of section 1 of the local emergency housing rent control
9 act; and
10 (b) the addition of section 26-519.1 to chapter 4 of title 26 of the
11 administrative code of the city of New York made by section two of this
12 act shall expire on the same date as such law expires and shall not
13 affect the expiration of such law as provided under section 26-520 of
14 such law.
