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

                                  4545

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. ROSENTHAL, JEFFRIES, EDDINGTON, FIELDS, GREENE,
  N. RIVERA, ESPAILLAT, P. RIVERA, LUPARDO, SPANO,  KELLNER,  JAFFEE  --
  Multi-Sponsored  by  --  M.  of A. BENEDETTO, BOYLAND, BRENNAN, ENGLE-
  BRIGHT, GABRYSZAK, GOTTFRIED, GUNTHER, HOOPER, JACOBS, MAISEL,  McENE-
  NY,  PHEFFER,  REILLY  --  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:

  Section 1. Section 26-412 of the administrative code of  the  city  of
New York is amended by adding a new subdivision g to read as follows:
  G.  (1)  IT  SHALL  BE  UNLAWFUL  FOR A LANDLORD TO BRING AN ACTION OR
PROCEEDING FOR RENT OR EVICTION AGAINST A TENANT OR TENANTS  OF  HOUSING
ACCOMMODATIONS THAT ARE SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR
AN  UNCURED, VIOLATION OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS OF
THE LANDLORD IN ANY SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY  A
CERTIFICATE  FROM  THE  DEPARTMENT  OF  BUILDINGS STATING WHETHER OR NOT
THERE ARE ANY SUCH OUTSTANDING VIOLATIONS. IN THE EVENT THAT A  LANDLORD
DISPUTES  A  VIOLATION, HE OR SHE SHALL SO STATE IN HIS OR HER PLEADINGS
HIS OR HER REASONS FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE
ACTION OR PROCEEDING.
  (2) DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE  TENANT
OR  TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED  BY  THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
OR  SHE  SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
IF THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD,  SUCH
PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00307-01-9
              

A. 4545                             2

AND  THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE  TO  DEMONSTRATE
FINANCIAL  NECESSITY  THEREFOR,  THE COURT MAY, IN ITS DISCRETION, APPLY
FUNDS  IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
ARE CURRENTLY PROVIDED BY THE LANDLORD,  AND  THE  MAKING  OF  NECESSARY
REPAIRS  IN  THE  PRESENCE  OF  CONDITIONS  THAT THREATEN THE HEALTH AND
WELFARE OF THE TENANT.
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 26-519.1 to read as follows:
  S  26-519.1  CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT SHALL
BE UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR PROCEEDING FOR RENT  OR
EVICTION  AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT ARE
SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR AN  UNCURED,  VIOLATION
OF  THE  BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY SUCH ACTION
OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE  DEPARTMENT
OF  BUILDINGS  STATING  WHETHER  OR  NOT  THERE ARE ANY SUCH OUTSTANDING
VIOLATIONS. IN THE EVENT THAT A LANDLORD DISPUTES A VIOLATION, HE OR SHE
SHALL SO STATE IN HIS OR HER PLEADINGS  HIS  OR  HER  REASONS  FOR  SUCH
DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION OR PROCEEDING.
  B.  DURING  THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED  TO
THE  LANDLORD,  INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
OR SHE SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH  INTEREST  THEREON.
IF  THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD, SUCH
PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
AND THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD.  IN
THE  EVENT  THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN  ITS  DISCRETION,  APPLY
FUNDS  IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
ARE CURRENTLY PROVIDED BY THE LANDLORD,  AND  THE  MAKING  OF  NECESSARY
REPAIRS  IN  THE  PRESENCE  OF  CONDITIONS  THAT THREATEN THE HEALTH AND
WELFARE OF THE TENANT.
  S 3. Section 4 of chapter 576 of the laws of  1974,  constituting  the
emergency  tenant protection act of nineteen seventy-four, is amended by
adding a new section 12-b to read as follows:
  S 12-B. CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT  SHALL  BE
UNLAWFUL  FOR  A  LANDLORD  TO BRING AN ACTION OR PROCEEDING FOR RENT OR
EVICTION AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT  ARE
SUBJECT  TO  AN OUTSTANDING OFFICIAL CHARGE OF, OR AN UNCURED, VIOLATION
OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS OF THE  LANDLORD  IN  ANY
SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE
DEPARTMENT  OF  BUILDINGS  STATING  WHETHER  OR  NOT  THERE ARE ANY SUCH
OUTSTANDING  VIOLATIONS.  IN  THE  EVENT  THAT  A  LANDLORD  DISPUTES  A
VIOLATION,  HE  SHALL  SO  STATE  IN  HIS PLEADINGS HIS REASONS FOR SUCH
DISPUTE. HE MAY THEN PROCEED WITH THE ACTION OR PROCEEDING.
  B. DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION,  THE  TENANT
OR  TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED  BY  THE
COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
SHALL  RECEIVE  ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON. IF THE
DISPUTED VIOLATION IS RESOLVED AGAINST THE LANDLORD, SUCH PAYMENTS SHALL
FIRST BE APPLIED TO FUNDING  THE  CURING  OF  SUCH  VIOLATIONS  AND  THE
BALANCE  THEREOF,  IF  ANY,  SHALL  THEN BE PAID TO THE LANDLORD. IN THE
EVENT THAT A LANDLORD OR TENANT  OR  TENANTS  ARE  ABLE  TO  DEMONSTRATE
FINANCIAL  NECESSITY  THEREFOR,  THE COURT MAY, IN ITS DISCRETION, APPLY

A. 4545                             3

FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY
REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
WELFARE OF THE TENANT.
  S 4. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law; provided that the
amendment to section 26-412 of the city rent and rehabilitation law made
by section one of this act shall remain in full force and effect only so
long as the public emergency requiring the  regulation  and  control  of
residential  rents and evictions continues, as provided in subdivision 3
of section 1 of the local emergency housing rent control  act;  provided
further  that the addition of section 26-519.1 to the rent stabilization
law of nineteen hundred sixty-nine made by section two of this act shall
expire on the same date as such law expires and  shall  not  affect  the
expiration of such law as provided under section 26-520 of such law; and
provided  further  that  the  addition  of section 12-b to the emergency
tenant protection act of nineteen seventy-four made by section three  of
this act shall expire on the same date as such act expires and shall not
affect  the  expiration of such act as provided in section 17 of chapter
576 of the laws of 1974, as amended.