Assembly Bill A507

2011-2012 Legislative Session

Establishes tenants' right to offset rental payments by the cost of certain emergency repairs

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2011-A507 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1409
2013-2014: A3475
2015-2016: A3898
2017-2018: A6875
2019-2020: A2102
2021-2022: A3778

2011-A507 (ACTIVE) - Summary

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.

2011-A507 (ACTIVE) - Bill Text download pdf 

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

                                   507

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. TENANT RIGHT TO OFFSET RENTAL PAYMENTS BY THE COST  OF  EMER-
GENCY  REPAIRS.  1.  EVERY TENANT MAY OFFSET AGAINST RENTAL PAYMENTS THE
COST OF MAKING EMERGENCY REPAIRS WHEN A LANDLORD IS EITHER UNWILLING  OR
UNABLE TO CORRECT THE SITUATION WITHIN TWENTY-FOUR HOURS. SUCH EMERGENCY
REPAIRS SHALL INCLUDE:
  (A)  BROKEN  WINDOWS WHICH ALLOW THE MIGRATION OF OUTSIDE AIR INTO THE
LIVING AREA OF A DWELLING DURING THE WINTER MONTHS.
  (B) BROKEN OR OTHERWISE INOPERABLE EXTERIOR SECURITY LOCKS.
  (C) BROKEN OR OTHERWISE INOPERABLE WATER CLOSETS.
  (D) REMOVAL OF OBSTRUCTIONS FROM SEWAGE LINES.
  (E) BROKEN OR OTHERWISE INOPERABLE PLUMBING LINES WHICH  CAUSE  INTER-
RUPTION OF DELIVERY OF BOTH COLD AND HOT WATER SUPPLIES.
  (F) LEAKS OR OBSTRUCTIONS IN SUPPLY AND DELIVERY GAS LINES.
  2.  THE  TENANT SHALL MAKE A GOOD FAITH EFFORT TO CONTACT THE LANDLORD
TO NOTIFY HIM OF THE EMERGENCY SITUATION; AND IN THE EVENT THE  LANDLORD
DOES  NOT  RESPOND  WITHIN  TWENTY-FOUR  HOURS THE TENANT SHALL HAVE THE
RIGHT TO MAKE ALL  NECESSARY  EMERGENCY  REPAIRS,  AND  MAY  OFFSET  THE
REASONABLE  COST  THEREOF  FROM  FUTURE RENT. THE TENANT MUST SECURE AND
PROVIDE TO THE LANDLORD AN ITEMIZED COST  ACCOUNTING  OF  ALL  EMERGENCY
REPAIRS MADE.
  S 2.  This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03144-01-1

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