Senate Bill S3858

2009-2010 Legislative Session

Grants tenants right to withhold portion of rent for failure of landlord to provide heat

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S3858 (ACTIVE) - Details

See Assembly Version of this Bill:
A414
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง235-g, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S458, A5948
2013-2014: S3168, A251
2015-2016: S2871, A5733
2017-2018: S3322, A11081, A11091
2019-2020: A2766

2009-S3858 (ACTIVE) - Summary

Grants tenants right to withhold one-tenth of one month's rent for each day the owner of a multiple dwelling fails to provide heat during winter months, from November to March, where the landlord is given 24 hours notice of insufficient heat.

2009-S3858 (ACTIVE) - Sponsor Memo

2009-S3858 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3858

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced by Sens. KRUEGER, DUANE, HUNTLEY, MONSERRATE, ONORATO -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Judiciary

AN ACT to amend the real property law,  in  relation  to  the  right  of
  tenants  to  withhold  rent  payments  for  the  landlord's failure to
  provide heat

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
235-g to read as follows:
  S 235-G. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF
ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT  TO  THE
TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN-
TY-FOUR  HOURS  OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS OR HER
AGENT, EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING  INSUF-
FICIENT  HEAT  DURING  THE  MONTHS OF NOVEMBER THROUGH MARCH, THE TENANT
SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR
HER RENT PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE  FAILED  TO
PROVIDE HEAT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00487-01-9

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