S. 3120 2
price within the range of prices listed by the department in the index
provided for in subdivision three of this section.
d. REPAIRS OR MAINTENANCE, IF THAT BE THE CASE, TO THE HEATING DEVICE
WAS SECURED FROM A SERVICE AGENCY REGULARLY ENGAGED IN SUCH BUSINESS AT
A PRICE SUBSTANTIALLY SIMILAR TO THE PRICES LISTED BY THE DEPARTMENT IN
THE INDEX PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
E. The REPAIR AND MAINTENANCE SERVICE AGENCY OR fuel supplier from
whom SERVICE OR oil is secured provided a written statement containing
the following:
(1) The name of the person or persons who requested the REPAIR OR
MAINTENANCE SERVICE OR delivery; and
(2) The date, time of and premises to which THE REPAIR OR MAINTENANCE
SERVICE OR delivery was made; and
(3) [The] IF OIL WAS DELIVERED, amount, grade and price of the oil
[delivered]; and
(4) [A] IF OIL WAS DELIVERED, certification that the usable fuel
supply before the delivery was exhausted; and
(5) IF REPAIR OR MAINTENANCE SERVICE WAS PROVIDED, THE SEPARATE CHARG-
ES FOR EQUIPMENT AND PARTS USED AND LABOR EXPENDED, ITEMIZED AND SEPA-
RATELY STATED; AND
(6) The charge, if any, for refiring the burner; and
[(6)] (7) The amounts and from whom any payments were received.
[e] F. AFTER SUCH REPAIR OR MAINTENANCE WORK HAS BEEN UNDERTAKEN, IF
THAT BE THE CASE, REASONABLE EFFORTS WERE MADE BY THE TENANT OR TENANTS
TO NOTIFY ALL OTHER TENANTS THAT SUCH WORK HAS BEEN UNDERTAKEN, INCLUD-
ING POSTING A NOTICE IN A PUBLIC AREA OF THE BUILDING WHICH LISTS THE
DATE, TIME AND EXTENT OF SUCH WORK. A tenant shall not be required to
comply with the provisions of paragraph a or b hereof unless the owner
has continuously kept posted in a conspicuous place at the premises a
notice containing his name, address and telephone number or that of his
agent and the name, address and telephone number of the REPAIR AND MAIN-
TENANCE SERVICE AGENCY FOR THE HEATING DEVICE OR THE fuel supplier to
the premises AS THE CASE MAY BE.
[f] G. For purposes of this section, a multiple dwelling shall be
considered to lack heat if, during the months between October first and
May thirty-first, while ITS HEATING DEVICE IS INOPERATIVE DUE TO A
BREAKDOWN OR MALFUNCTION OR WHILE its usable fuel supply was exhausted,
the outdoor temperature fell below fifty-five degrees Fahrenheit at any
time during the hours between six o'clock in the morning and ten o'clock
in the evening.
2. The deduction from rent allowed by this section shall also include
a reasonable charge, if any, made by the supplier for refiring the oil
burner at the premises.
3. The department charged with the enforcement of laws, ordinances and
regulations in relation to multiple dwellings shall:
a. Maintain and, to the extent practicable, update at least bi-weekly
an index reflecting the range of prices of fuel oil according to grade
and quantity paid per gallon on deliveries within the jurisdiction of
the department during the last two week period for which statistics are
available; and
b. Maintain and keep current and available a list of suppliers which
have agreed to make deliveries of fuel oil in the circumstances, and to
render such assistance as [is] MAY otherwise BE required [hereby] to
enable tenants to obtain the benefits[,] contemplated by this section.
4. THE DEPARTMENT CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES
AND REGULATIONS IN RELATION TO MULTIPLE DWELLINGS SHALL:
S. 3120 3
A. TO THE EXTENT PRACTICABLE MAINTAIN AND UPDATE AT LEAST MONTHLY AN
INDEX REFLECTING THE RANGE OF PRICES CHARGED FOR EMERGENCY REPAIR AND
MAINTENANCE OF OIL FIRED AND OTHER HEATING DEVICES INCLUDING USUAL
CHARGES FOR EQUIPMENT, PARTS AND LABOR COMMONLY USED OR EXPENDED IN
EFFECTING SUCH REPAIR AND MAINTENANCE; AND
B. MAINTAIN AND KEEP CURRENT AND AVAILABLE A LIST OF REPAIR AND MAIN-
TENANCE SERVICE AGENCIES WHICH HAVE AGREED TO PROVIDE SUCH SERVICES IN
SUCH CIRCUMSTANCES AND TO RENDER SUCH ASSISTANCE AS MAY OTHERWISE BE
REASONABLY REQUIRED TO ENABLE TENANTS TO OBTAIN THE BENEFITS CONTEM-
PLATED BY THIS SECTION.
5. The payment FOR REPAIRS AND MAINTENANCE OR for fuel oil at a price
within the range of prices permitted by paragraph c OR D of subdivision
one of this section, AS THE CASE MAY BE, shall be conclusively presumed
to have been a reasonable price.
[5] 6. The introduction into evidence in any action or proceeding of
any statement rendered in compliance with the provisions of paragraph
[d] E of subdivision one of this section shall be presumptive of the
facts stated therein. Sufficient foundation for the allowance into
evidence of such statement shall consist of the oral testimony of any
person named as a payer of all or part of the amount indicated thereon
relating the facts and circumstances in which the statement was
rendered.
[6] 7. Any tenant who has in good faith secured and paid for REPAIRS,
MAINTENANCE OR fuel oil otherwise in conformance with the provisions of
this section and against whom an action or proceeding to recover
possession of the premises for nonpayment of rent or any other action or
proceeding attributable at least in part to the tenant seeking or taking
a deduction from rent as allowed by this section shall, in addition to
any other amounts, be entitled to recover reasonable costs and attor-
ney's fees against an owner bringing such action or proceeding.
[7] 8. No owner or agent shall be entitled to recover any amounts in
damages from any REPAIR AND MAINTENANCE SERVICE AGENCY OR fuel oil
supplier OR AN AGENT OR EMPLOYEE THEREOF who attempts in good faith and
acts reasonably to carry out the intendment of this section except
damages arising out of gross negligence.
[8] 9. The remedy provided in this section shall not be exclusive and
a court may provide such other relief as may be just and proper in the
circumstances. Nothing in this section shall be construed to limit or
deny any existing constitutional, statutory, administrative or common
law right of a tenant to contract and pay for the delivery of fuel oil
for the multiple dwelling in which he resides or to pay for the cost of
any other goods and services for such multiple dwelling. This section
shall not be construed to preclude any defense, counterclaim or cause of
action asserted by a tenant that may otherwise exist with respect to an
owner's failure to provide heat or any other service.
[9] 10. Any agreement by a tenant of a dwelling waiving or modifying
his rights as set forth in this section shall be void as contrary to
public policy.
[10] 11. The provisions of this section shall be liberally construed
so as to give effect to the purposes set forth herein.
S 2. Subdivision 11 of section 302-c of the multiple dwelling law, as
added by chapter 893 of the laws of 1982, is renumbered subdivision 12.
S 3. Section 305-c of the multiple residence law, as added by chapter
85 of the laws of 1980, is amended to read as follows:
S 305-c. Right of tenant to offset payments for heat failure; certain
cases. 1. Any tenant acting alone or together with other tenants of a
S. 3120 4
multiple dwelling employing an oil fired OR OTHER heating device for
which the owner is responsible and wherein there exists a lack of heat
due to the owner's failure TO REPAIR OR MAINTAIN THE HEATING DEVICE OR
to have oil supplied to the premises, may contract and pay for the
delivery of such oil OR SUCH MAINTENANCE OR REPAIRS, AS THE CASE MAY BE,
in accordance with the provisions of this section. Any payment so made
shall be deductible from rent [providing] PROVIDED the following
provisions have been substantially complied with by the tenant or some-
one acting on his behalf:
a. Reasonable efforts were made to contact the owner or his agent to
inform the owner of such failure TO REPAIR OR MAINTAIN THE HEATING
DEVICE OR to supply oil.
b. Reasonable efforts were made to have the normal REPAIR AND MAINTE-
NANCE SERVICE AGENCY UNDERTAKE THE SAME OR TO HAVE THE NORMAL fuel
supplier to the premises deliver the requested fuel, AS THE CASE MAY BE.
c. Delivery of fuel oil to the premises, IF THAT BE THE CASE, was
secured from a fuel supplier regularly engaged in such business at a
price within the range of prices listed by the department in the index
provided for in subdivision three of this section.
d. REPAIRS OR MAINTENANCE, IF THAT BE THE CASE, TO THE HEATING DEVICE
WAS SECURED FROM A SERVICE AGENCY REGULARLY ENGAGED IN SUCH BUSINESS AT
A PRICE SUBSTANTIALLY SIMILAR TO THE PRICES LISTED BY THE DEPARTMENT IN
THE INDEX PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
E. The REPAIR AND MAINTENANCE SERVICE AGENCY OR fuel supplier from
whom SERVICE OR oil is secured provided a written statement containing
the following:
(1) The name of the person or persons who requested the REPAIR OR
MAINTENANCE SERVICE OR delivery; and
(2) The date, time of and premises to which THE REPAIR OR MAINTENANCE
SERVICE OR delivery was made; and
(3) [The] IF OIL WAS DELIVERED, amount, grade and price of the oil
[delivered]; and
(4) [A] IF OIL WAS DELIVERED, certification that the usable fuel
supply before the delivery was exhausted; and
(5) IF REPAIR OR MAINTENANCE SERVICE WAS PROVIDED, THE SEPARATE CHARG-
ES FOR EQUIPMENT AND PARTS USED AND LABOR EXPENDED, ITEMIZED AND SEPA-
RATELY STATED; AND
(6) The charge, if any, for refiring the burner; and
[(6)] (7) The amounts and from whom any payments were received.
[e] F. AFTER SUCH REPAIR OR MAINTENANCE WORK HAS BEEN UNDERTAKEN, IF
THAT BE THE CASE, REASONABLE EFFORTS WERE MADE BY THE TENANT OR TENANTS
TO NOTIFY ALL OTHER TENANTS THAT SUCH WORK HAS BEEN UNDERTAKEN, INCLUD-
ING POSTING A NOTICE IN A PUBLIC AREA OF THE BUILDING WHICH LISTS THE
DATE, TIME AND EXTENT OF SUCH WORK. A tenant shall not be required to
comply with the provisions of paragraph a or b hereof unless the owner
has continuously kept posted in a conspicuous place at the premises a
notice containing his name, address and telephone number or that of his
agent and the name, address and telephone number of the REPAIR AND MAIN-
TENANCE SERVICE AGENCY FOR THE HEATING DEVICE OR THE fuel supplier to
the premises AS THE CASE MAY BE.
[f] G. For purposes of this section, a multiple dwelling shall be
considered to lack heat if, during the months between October first and
May thirty-first, while ITS HEATING DEVICE IS INOPERATIVE DUE TO A
BREAKDOWN OR MALFUNCTION OR WHILE its usable fuel supply was exhausted,
the outdoor temperature fell below fifty-five degrees Fahrenheit at any
S. 3120 5
time during the hours between six o'clock in the morning and ten o'clock
in the evening.
2. The deduction from rent allowed by this section shall also include
a reasonable charge, if any, made by the supplier for refiring the oil
burner at the premises.
3. The department charged with the enforcement of laws, ordinances and
regulations in relation to multiple dwellings shall:
a. Maintain and, to the extent practicable, update at least bi-weekly
an index reflecting the range of prices of fuel oil according to grade
and quantity paid per gallon on deliveries within the jurisdiction of
the department during the last two week period for which statistics are
available; and
b. Maintain and keep current and available a list of suppliers which
have agreed to make deliveries of fuel oil in the circumstances, and to
render such assistance as [is] MAY otherwise BE required [hereby] to
enable tenants to obtain the benefits[,] contemplated by this section.
4. THE DEPARTMENT CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES
AND REGULATIONS IN RELATION TO MULTIPLE DWELLINGS SHALL:
A. TO THE EXTENT PRACTICABLE MAINTAIN AND UPDATE AT LEAST MONTHLY AN
INDEX REFLECTING THE RANGE OF PRICES CHARGED FOR EMERGENCY REPAIR AND
MAINTENANCE OF OIL FIRED AND OTHER HEATING DEVICES INCLUDING USUAL
CHARGES FOR EQUIPMENT, PARTS AND LABOR COMMONLY USED OR EXPENDED IN
EFFECTING SUCH REPAIR AND MAINTENANCE; AND
B. MAINTAIN AND KEEP CURRENT AND AVAILABLE A LIST OF REPAIR AND MAIN-
TENANCE SERVICE AGENCIES WHICH HAVE AGREED TO PROVIDE SUCH SERVICES IN
SUCH CIRCUMSTANCES AND TO RENDER SUCH ASSISTANCE AS MAY OTHERWISE BE
REASONABLY REQUIRED TO ENABLE TENANTS TO OBTAIN THE BENEFITS CONTEM-
PLATED BY THIS SECTION.
5. The payment FOR REPAIRS AND MAINTENANCE OR for fuel oil at a price
within the range of prices permitted by paragraph c OR D of subdivision
one of this section, AS THE CASE MAY BE, shall be conclusively presumed
to have been a reasonable price.
[5] 6. The introduction into evidence in any action or proceeding of
any statement rendered in compliance with the provisions of paragraph
[d] E of subdivision one of this section shall be presumptive of the
facts stated therein. Sufficient foundation for the allowance into
evidence of such statement shall consist [in] OF the oral testimony of
any person named as a payer of all or part of the amount indicated ther-
eon relating the facts and circumstances in which the statement was
rendered.
[6] 7. Any tenant who has in good faith secured and paid for REPAIRS,
MAINTENANCE OR fuel oil otherwise in conformance with the provisions of
this section and against whom an action or proceeding to recover
possession of the premises for nonpayment of rent or any other action or
proceeding attributable at least in part to the tenant seeking or taking
a deduction from rent as allowed by this section shall, in addition to
any other amounts, be entitled to recover reasonable costs and attor-
ney's fees against an owner bringing such action or proceeding.
[7] 8. No owner or agent shall be entitled to recover any amounts in
damages from any REPAIR AND MAINTENANCE SERVICE AGENCY OR fuel oil
supplier OR AN AGENT OR EMPLOYEE THEREOF who attempts in good faith and
acts reasonably to carry out the intendment of this section except
damages arising out of gross negligence.
[8] 9. The remedy provided in this section shall not be exclusive and
a court may provide such other relief as may be just and proper in the
circumstances. Nothing in this section shall be construed to limit or
S. 3120 6
deny any existing constitutional, statutory, administrative or common
law right of a tenant to contract and pay for the delivery of fuel oil
for the multiple dwelling in which he resides or to pay for the cost of
any other goods and services for such multiple dwelling. This section
shall not be construed to preclude any defense, counterclaim or cause of
action ASSERTED BY A TENANT that may otherwise exist with respect to an
owner's failure to provide heat or any other service.
[9] 10. Any agreement by a tenant of a dwelling waiving or modifying
his rights as set forth in this section shall be void as contrary to
public policy.
[10] 11. The provisions of this section shall be liberally construed
so as to give effect to the purposes set forth herein.
S 4. Subdivision 11 of section 305-c of the multiple residence law, as
added by chapter 893 of the laws of 1982, is renumbered subdivision 12.
S 5. Section 235 of the real property law, as amended by chapter 85 of
the laws of 1980, is amended to read as follows:
S 235. Wilful violations. 1. Any lessor, agent, manager, superinten-
dent or janitor of any building, or part thereof, the lease or rental
agreement whereof by its terms, expressed or implied, requires the
furnishing of hot or cold water, heat, light, power, elevator service,
telephone service or any other service or facility to any occupant of
said building, who wilfully or intentionally fails to furnish such
water, heat, light, power, elevator service, telephone service or other
service or facility at any time when the same are necessary to the prop-
er or customary use of such building, or part thereof, or any lessor,
agent, manager, superintendent or janitor who wilfully and intentionally
interferes with the quiet enjoyment of the leased premises by such occu-
pant, is guilty of a violation.
2. Any lessor, agent, manager, superintendent or janitor of any build-
ing, or part thereof, who wilfully or intentionally acts to prevent or
obstruct the PROVISION OF REPAIRS OR MAINTENANCE TO AN OIL FIRED OR
OTHER HEATING DEVICE OR THE delivery of fuel oil ordered in compliance
with either section three hundred two-c of the multiple dwelling law or
section three hundred five-c of the multiple residence law or the refir-
ing of an oil burner after such [a] PROVISION OF SERVICE OR delivery OF
OIL shall be guilty of a violation.
S 6. This act shall take effect immediately, provided that sections
two and four of this act shall take effect on the same date as chapter
471 of the laws of 1978 takes effect pursuant to chapter 893 of the
laws of 1982.
