Assembly Bill A3788

2017-2018 Legislative Session

Requires all residential leases to disclose tenants' rights

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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2017-A3788 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L; add §85, Mult Dwell L; add §305-b, Mult Res L; add §784, RPAP L; add §5-907, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2996
2011-2012: A2605
2013-2014: A2579
2015-2016: A3135
2019-2020: A2964
2021-2022: A6825
2023-2024: A1881

2017-A3788 (ACTIVE) - Summary

Provides that all residential leases shall contain a detailed description of tenant's statutory rights including among others, warranty of habitability, willful violation of lease, right to participate in tenants' associations, no eviction for good faith complaint, utility payment offset and sublet rights; grants tenant the right to install extra locks; sets out landlord obligations with respect to heating and oil delivery.

2017-A3788 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3788
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE, MOSLEY, SEAWRIGHT -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the real property law, the multiple  dwelling  law,  the
   multiple  residence law, the real property actions and proceedings law
   and the general obligations law, in relation to requiring all residen-
   tial leases to disclose tenants' rights
 
   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:
   § 235-H.  STANDARD LEASE CLAUSE. 1. EVERY  WRITTEN  RESIDENTIAL  LEASE
 SHALL CONTAIN THE FOLLOWING CLAUSES:
   A.  "WARRANTY  OF HABITABILITY". THE LANDLORD PROMISES THAT THE APART-
 MENT AND BUILDING ARE FIT TO LIVE IN AND  NOT  DANGEROUS  TO  THE  LIFE,
 HEALTH  OR  SAFETY  OF  THE  OCCUPANTS. UNLESS THE APARTMENT OR BUILDING
 BECOMES UNFIT TO LIVE IN DUE TO THE MISCONDUCT  OF  THE  TENANT  OR  THE
 TENANT'S FAMILY OR GUESTS, THE LANDLORD WILL BE HELD RESPONSIBLE IF THIS
 PROMISE IS BROKEN, EVEN IF IT IS NOT HIS FAULT.
   CONDITIONS  WHICH  WOULD  VIOLATE  THIS  PROMISE  INCLUDE, BUT ARE NOT
 LIMITED TO: INSECT OR RODENT INFESTATION, INSUFFICIENT HEAT AND PLUMBING
 FACILITIES, SIGNIFICANTLY DANGEROUS ELECTRICAL OUTLETS  OR  WIRING,  AND
 INADEQUATE SANITATION FACILITIES.
   IF THE PROMISE IS VIOLATED, THE TENANT MAY WITHHOLD FROM RENT THE LOSS
 IN THE VALUE OF THE APARTMENT DUE TO THE VIOLATION.
   B.  "WILLFUL  VIOLATION  OF LEASE". IF THE LANDLORD OR HIS EMPLOYEE OR
 AGENT INTENTIONALLY VIOLATES A PROVISION OF THIS LEASE OR  INTENTIONALLY
 INTERFERES WITH THE TENANT'S QUIET ENJOYMENT OF THE APARTMENT, THE LAND-
 LORD IS GUILTY OF A CRIMINAL OFFENSE.
   C.  "TENANT'S  ASSOCIATIONS". THE TENANT HAS THE RIGHT TO ORGANIZE AND
 PARTICIPATE IN THE ACTIVITIES OF ANY GROUP OR  ASSOCIATION  OF  TENANTS.
 TENANT GROUPS HAVE THE LEGAL RIGHT TO MEET IN COMMON AREAS OF THE BUILD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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