NY State Senate Bill 2015-S593

Senate Bill S593

2015-2016 Legislative Session

Requires a landlord to have clean hands to bring action for rent or eviction in certain cases

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to housing, construction and community development
Jan 07, 2015	referred to housing, construction and community development

2015-S593 (ACTIVE) - Details

See Assembly Version of this Bill:: A604
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-412, add §26-519.1, NYC Ad Cd; add §12-b, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: A192, A4545
2011-2012: A1612
2013-2014: S5438, A505
2017-2018: S3646, A3212
2019-2020: S4788, A2036
2021-2022: S5278, A490
2023-2024: S6769, A1853

2015-S593 (ACTIVE) - Summary

Provides that with respect to apartments covered by rent control, rent stabilization, or the emergency tenant protection act, a landlord must be free of outstanding building code violations to bring an action or proceeding for rent or eviction; provides alternative provisions for disputed violations; requires tenants to pay rent into an interest bearing account to be maintained by the court during the pendency of the dispute over the violation; payments may be made from such account to cover utility bills and the making of necessary repairs if the dispute is resolved in favor of the tenant

2015-S593 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S593

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill makes unlawful the practice of bringing eviction proceedings
for nonpayment of rent against tenant(s) if the building is in
violation of a building code.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends the administrative code of the City of New York to prevent a
tenant or tenants from being evicted for nonpayment of rent if their
building is in violation of the building code. If a landlord disputes
the violation, the bill requires that the tenants in question pay
their rent to an interest bearing account maintained by the court
until the dispute is resolved. a) If the dispute is resolved in favor
of the landlord, he or she shall be paid the monies from said account
along with any interest accrued. b) If the violation is determined to
be legitimate, the monies are to be used first to correct the
violation, and the remainder, if any, given to the landlord along with
any interest.

 JUSTIFICATION :

It is not an uncommon practice for tenants to "rent-strike" if they
feel that there are gross violations of the building code. This bill
would protect tenants from being evicted during such rent withholding
periods, and at the same time protect landlords from frivolous rent
strikes by requiring that the court collect rents during the period of
any disputed violation. Thus, the bill is a fair compromise; granting
each side protection from and rights against the other. One advantage
of this bill (over current law) is the provision for the court to
apply the monies in the aforementioned account directly to remedy any
(proved) violation.  This way the tenants are assured that reasons for
their strike will no longer exist and their concerns are met, while at
the same time guaranteeing the landlord that the tenant will not live
rent-free for months and then move out.

 PRIOR LEGISLATIVE HISTORY :

A.4545 of 2009-2012
A.3986 of 2007-2008
A.5586 of 2005-2006
A.5775 of 2003-2004
A.4765 of 2001-2002
A.6615 of 1999-2000
A.2736 of 1997-1998
A.1754 of 1995-1996
A.3980 of 1993-1994
A.1300 of 1991-1992

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S593 (ACTIVE) - Bill Text download pdf

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

                                   593

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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 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
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

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

                                                           LBD04062-01-5

S. 593                              2

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  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

S. 593                              3

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 immediately; provided that:
  (a)  the  amendment  to  section 26-412 of the city rent and rehabili-
tation 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;
  (b) 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
  (c)  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.

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