S T A T E O F N E W Y O R K
________________________________________________________________________
2420
2015-2016 Regular Sessions
I N S E N A T E
January 23, 2015
___________
Introduced by Sens. PERKINS, AVELLA, DIAZ, HASSELL-THOMPSON, HOYLMAN,
KRUEGER, PARKER, SERRANO, STAVISKY -- 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 multiple residence law and the multiple dwelling
law, in relation to the correction of habitability-impairing condi-
tions by the tenant
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The multiple residence law is amended by adding a new
section 305-b to read as follows:
S 305-B. RIGHT OF TENANT TO OFFSET PAYMENTS FOR HABITABILITY-IMPAIRING
CONDITIONS; CERTAIN CASES. 1. ANY TENANT ACTING ALONE OR TOGETHER WITH
OTHER TENANTS OF A MULTIPLE DWELLING WHEREIN THERE EXISTS ONE OR MORE
HABITABILITY-IMPAIRING CONDITIONS DUE TO THE OWNER'S FAILURE TO MAINTAIN
THE PREMISES, MAY CONTRACT AND PAY FOR THE CORRECTION OF SUCH CONDITION
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. ANY PAYMENT SO MADE
SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE FOLLOWING PROVISIONS HAVE
BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT OR SOMEONE ACTING ON HIS
OR HER BEHALF:
A. THE LANDLORD OR HIS OR HER AGENT WAS GIVEN AT LEAST SEVEN DAYS
WRITTEN NOTICE THAT ACTION WOULD BE TAKEN UNDER THIS SECTION IF CORREC-
TIVE MEASURES WERE NOT RENDERED.
B. REASONABLE EFFORTS WERE MADE TO HAVE THE CONDITION REMEDIED BY THE
LANDLORD'S USUAL TRADESMAN, IF KNOWN TO THE TENANT.
C. REPAIR OF THE CONDITION WAS MADE BY A TRADESMAN REGULARLY ENGAGED
IN THE APPROPRIATE TRADE AT A REASONABLE PRICE.
D. THE CONTRACTOR PROVIDED A WRITTEN STATEMENT CONTAINING THE FOLLOW-
ING:
(1) THE NAME OF THE PERSON OR PERSONS WHO REQUESTED THE SERVICES; AND
(2) THE DATE, TIME OF AND PREMISES AT WHICH REPAIRS WERE MADE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06945-01-5
S. 2420 2
(3) THE COST OF LABOR AND MATERIALS; AND
(4) A CERTIFICATION THAT THE SERVICES WERE NECESSARY; AND
(5) THE AMOUNTS AND FROM WHOM ANY PAYMENTS WERE RECEIVED.
E. AFTER RENDITION OF SERVICES, THE LANDLORD WAS SENT BY THE TENANT A
COPY OF THE BILL FROM THE CONTRACTOR AND A STATEMENT OF THE AMOUNTS TO
BE DEDUCTED FROM THE TENANT'S OR TENANTS' RENT FOR THE MONTH.
F. A TENANT SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF
PARAGRAPH A OR B OF THIS SUBDIVISION UNLESS THE OWNER HAS CONTINUOUSLY
KEPT POSTED IN A CONSPICUOUS PLACE AT THE PREMISES A NOTICE CONTAINING
HIS OR HER NAME, ADDRESS AND TELEPHONE NUMBER OR THAT OF HIS OR HER
AGENT AND THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUPPLIER OF SUCH
SERVICES TO THE PREMISES.
2. 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 APPLICABLE WAGE RATES OF SUCH SERVICES
WITHIN THE JURISDICTION OF THE DEPARTMENT DURING THE LAST TWO WEEK PERI-
OD FOR WHICH STATISTICS ARE AVAILABLE;
B. MAINTAIN AND KEEP CURRENT AND AVAILABLE A LIST OF CONTRACTORS WHICH
HAVE AGREED TO MAKE SUCH REPAIRS IN THE CIRCUMSTANCES, AND TO RENDER
SUCH ASSISTANCE AS IS OTHERWISE REQUIRED HEREBY TO ENABLE TENANTS TO
OBTAIN THE BENEFITS, CONTEMPLATED BY THIS SECTION; AND
C. RECEIVE AND COMPILE COMPLAINTS FROM TENANTS WHO WERE UNABLE TO
PERSUADE THEIR LANDLORDS TO TAKE CORRECTIVE MEASURES FOR
HABITABILITY-IMPAIRING CONDITIONS AND WERE THEREFORE FORCED TO RESORT TO
THE PROVISIONS OF THIS SECTION.
3. THE PAYMENT FOR SUCH SERVICES AT A PRICE WITHIN THE RANGE OF PRIC-
ES PERMITTED BY PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION SHALL BE
CONCLUSIVELY PRESUMED TO HAVE BEEN A REASONABLE PRICE.
4. THE INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY
STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH D 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 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.
5. ANY TENANT WHO HAS IN GOOD FAITH SECURED AND PAID FOR SUCH SERVICES
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 ATTORNEY'S FEES AGAINST AN
OWNER BRINGING SUCH ACTION OR PROCEEDING.
6. NO OWNER OR AGENT SHALL BE ENTITLED TO RECOVER ANY AMOUNTS IN
DAMAGES FROM ANY CONTRACTOR WHO ATTEMPTS IN GOOD FAITH AND ACTS REASON-
ABLY TO CARRY OUT THE INTENDMENT OF THIS SECTION EXCEPT DAMAGES ARISING
OUT OF GROSS NEGLIGENCE.
7. 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 SUCH SERVICES FOR THE
MULTIPLE DWELLING IN WHICH HE OR SHE 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
S. 2420 3
ACTION THAT MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE TO
PROVIDE HEAT OR ANY OTHER SERVICE.
8. ANY AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS OR
HER RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO
PUBLIC POLICY.
9. THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS
TO GIVE EFFECT TO THE PURPOSES SET FORTH IN THIS SECTION.
10. NOTHING CONTAINED IN THIS SECTION AND NO PAYMENT MADE PURSUANT TO
THIS SECTION SHALL BE DEEMED TO DISCHARGE THE LIABILITY OF A RENTER WITH
AN INTEREST IN REAL PROPERTY PURSUANT TO SUBDIVISION TWO OF SECTION
THREE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW FROM TAXES LEVIED ON
SUCH INTEREST.
S 2. The multiple dwelling law is amended by adding a new section
302-d to read as follows:
S 302-D. RIGHT OF TENANT TO OFFSET PAYMENTS FOR HABITABILITY-IMPAIRING
CONDITIONS; CERTAIN CASES. 1. ANY TENANT ACTING ALONE OR TOGETHER WITH
OTHER TENANTS OF A MULTIPLE DWELLING WHEREIN THERE EXISTS ONE OR MORE
HABITABILITY-IMPAIRING CONDITIONS DUE TO THE OWNER'S FAILURE TO MAINTAIN
THE PREMISES, MAY CONTRACT AND PAY FOR THE CORRECTION OF SUCH CONDITION
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. ANY PAYMENT SO MADE
SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE FOLLOWING PROVISIONS HAVE
BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT OR SOMEONE ACTING ON HIS
OR HER BEHALF:
A. REASONABLE EFFORTS WERE MADE TO CONTACT THE OWNER OR HIS OR HER
AGENT IN WRITING TO INFORM THE OWNER OF SUCH CONDITION.
B. REASONABLE EFFORTS WERE MADE TO HAVE THE CONDITION REMEDIED BY THE
LANDLORD'S USUAL TRADESMAN, IF KNOWN TO THE TENANT.
C. REPAIR OF THE CONDITION WAS MADE BY A TRADESMAN REGULARLY ENGAGED
IN THE APPROPRIATE TRADE AT A REASONABLE PRICE.
D. THE CONTRACTOR PROVIDED A WRITTEN STATEMENT CONTAINING THE FOLLOW-
ING:
(1) THE NAME OF THE PERSON OR PERSONS WHO REQUESTED THE SERVICES; AND
(2) THE DATE, TIME OF AND PREMISES AT WHICH REPAIRS WERE MADE; AND
(3) THE COST OF LABOR AND MATERIALS; AND
(4) A CERTIFICATION THAT THE SERVICES WERE NECESSARY; AND
(5) THE AMOUNTS AND FROM WHOM ANY PAYMENTS WERE RECEIVED.
E. A TENANT SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF
PARAGRAPH A OR B OF THIS SUBDIVISION UNLESS THE OWNER HAS CONTINUOUSLY
KEPT POSTED IN A CONSPICUOUS PLACE AT THE PREMISES A NOTICE CONTAINING
HIS OR HER NAME, ADDRESS AND TELEPHONE NUMBER OR THAT OF HIS OR HER
AGENT AND THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUPPLIER OF SUCH
SERVICES TO THE PREMISES.
2. 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 APPLICABLE WAGE RATES OF SUCH SERVICES
WITHIN THE JURISDICTION OF THE DEPARTMENT DURING THE LAST TWO WEEK PERI-
OD FOR WHICH STATISTICS ARE AVAILABLE; AND
B. MAINTAIN AND KEEP CURRENT AND AVAILABLE A LIST OF CONTRACTORS WHICH
HAVE AGREED TO MAKE SUCH REPAIRS IN THE CIRCUMSTANCES, AND TO RENDER
SUCH ASSISTANCE AS IS OTHERWISE REQUIRED HEREBY TO ENABLE TENANTS TO
OBTAIN THE BENEFITS, CONTEMPLATED BY THIS SECTION.
3. THE PAYMENT FOR SUCH SERVICES AT A PRICE WITHIN THE RANGE OF PRIC-
ES PERMITTED BY PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION SHALL BE
CONCLUSIVELY PRESUMED TO HAVE BEEN A REASONABLE PRICE.
S. 2420 4
4. THE INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY
STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH D 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 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.
5. ANY TENANT WHO HAS IN GOOD FAITH SECURED AND PAID FOR SUCH SERVICES
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 ATTORNEY'S FEES AGAINST AN
OWNER BRINGING SUCH ACTION OR PROCEEDING.
6. NO OWNER OR AGENT SHALL BE ENTITLED TO RECOVER ANY AMOUNTS IN
DAMAGES FROM ANY CONTRACTOR WHO ATTEMPTS IN GOOD FAITH AND ACTS REASON-
ABLY TO CARRY OUT THE INTENDMENT OF THIS SECTION EXCEPT DAMAGES ARISING
OUT OF GROSS NEGLIGENCE.
7. 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 SUCH SERVICES FOR THE
MULTIPLE DWELLING IN WHICH HE OR SHE 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 THAT MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE TO
PROVIDE HEAT OR ANY OTHER SERVICE.
8. ANY AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS OR
HER RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO
PUBLIC POLICY.
9. THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS
TO GIVE EFFECT TO THE PURPOSES SET FORTH IN THIS SECTION.
10. NOTHING CONTAINED IN THIS SECTION AND NO PAYMENT MADE PURSUANT TO
THIS SECTION SHALL BE DEEMED TO DISCHARGE THE LIABILITY OF A RENTER WITH
AN INTEREST IN REAL PROPERTY PURSUANT TO SUBDIVISION TWO OF SECTION
THREE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW FROM TAXES LEVIED ON
SUCH INTEREST.
S 3. This act shall take effect immediately.