NY State Senate Bill 2017-S3191

Senate Bill S3191

2017-2018 Legislative Session

Permits tenants in certain cities to take a rental offset for repair of hazardous conditions

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 20, 2017	referred to housing, construction and community development

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2017-S3191 (ACTIVE) - Details

See Assembly Version of this Bill:: A5040
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Add §302-d, Mult Dwell L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3864
2011-2012: S907
2013-2014: S3177
2015-2016: S2844, A7329
2019-2020: A7031
2021-2022: A4379
2023-2024: A4242

2017-S3191 (ACTIVE) - Summary

Provides that in cities with a population of one million or more, a tenant or group of tenants, after proper notice to the landlord of the existence of a hazardous violation of housing codes and certification of the existence of such violation by the local agency charged with enforcement of housing codes, may contract for the repair of such condition and offset the price of such repair from his rental payments if the landlord fails to commence work to correct the condition within a certain period after notice is received.

2017-S3191 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3191

 TITLE OF BILL :  An act to amend the multiple dwelling law, in
relation to the right of tenants to offset payments for repairs of
hazardous conditions in certain cases in cities subject to such law


 PURPOSE :

To give tenants in cities subject to the multiple dwelling law the
right to repair hazardous violations in their buildings when the
building owner fails to meet his or her obligations.

 SUMMARY OF PROVISIONS :

Tenants acting alone or together with other tenants in cities subject
to the multiple dwelling law are given the right to repair hazardous
violations in their buildings and deduct the cost of these repairs
from their rents provided they comply with the following conditions:
1) Notice of the violation by certified mail, return receipt
requested, is given to the landlord; and 2) (a) An immediately
hazardous "C" violation has been certified by the New York City
Department of Housing Preservation and Development (HPD), and seven
days have passed since the tenants' written notice was offered for
delivery to the landlord without completion of repairs or commencement
of repairs and a provision in writing of a schedule for completion of

repairs, or (b) A hazardous "B" violation has been certified by HPD
and 14 days have passed since the tenant's written notice was offered
for delivery to the landlord without completion of repairs by the
landlord or commencement of repairs and a provision in writing of a
schedule for completion of repairs. If a tenant or group of tenants
repair a violation without hiring an outside contractor, they may
deduct costs for materials. If a tenant or group of tenants hire an
outside contractor to perform repairs they may deduct charges for
materials and labor provided that reasonable efforts are made to have
the repair work done by qualified workmen at prevailing rates. If a
license to perform the repairs requested is required by law, a tenant
or group of tenants must hire an outside licensed contractor. Tenants
must receive a written statement itemizing charges for parts and
labor. An individual tenant may deduct a maximum of one thousand
dollars or two months rent, whichever is greater. Two or more tenants
may deduct a maximum of three thousand dollars, or up to ten thousand
dollars if additional notice and an itemized estimate is first given
to the landlord.

 JUSTIFICATION :

Repair and deduct is a logical extension of the warranty of
habitability. It provides an effective remedy for tenants whose
landlords do not live up to their legal obligation to keep their
premises in good repair. The proposed legislation requires
certification of a hazardous violation by RPD and written notice to
the landlord before repairs are undertaken. Thus, it assures
violations exist, and that the landlord is given ample opportunity to
correct the violation. Since many defects worsen over time, it is also
in the economic interest of both the landlord and tenants to provide
for prompt repair of building violations. The repair and deduct
concept has been enacted by statute and judicial decision in more than
20 states. In New York, decisions have affirmed a tenant's right to
repair and deduct where reasonable notice is given to the landlord and
repairs are made at a reasonable cost. Legislation enacted in 1980
allows tenants to buy fuel, and deduct the cost from their rent,
provided certain conditions are met. Thus, there is ample precedent
for the repair and deduct remedy.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately, with provisions.

2017-S3191 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3191
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BAILEY,  HAMILTON, HOYLMAN, MONTGOMERY,
   PERKINS, RIVERA, 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 dwelling law, in relation to the  right  of
   tenants  to  offset  payments  for  repairs of hazardous conditions in
   certain cases in cities subject to such law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 302-d to read as follows:
   § 302-D. RIGHT OF TENANT TO OFFSET PAYMENTS FOR REPAIRS  OF  HAZARDOUS
 CONDITIONS;  CERTAIN  CASES.  1. AS USED IN THIS SECTION, UNLESS ANOTHER
 MEANING CLEARLY APPEARS FROM THE CONTEXT:
   A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OR AGENCY OF A CITY  WITH  A
 POPULATION  OF  ONE  MILLION OR MORE THAT IS CHARGED WITH ENFORCEMENT OF
 HOUSING LAWS;
   B. "HAZARDOUS VIOLATION" SHALL MEAN A VIOLATION OF THIS  CHAPTER,  THE
 CITY  HOUSING  MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE EXECUTIVE LAW
 OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO IDENTIFIED  OR
 CLASSIFIED  BY  THE  CITY AS HAZARDOUS TO THE LIFE, HEALTH AND SAFETY OF
 THE OCCUPANTS OF A DWELLING;
   C. "IMMEDIATELY HAZARDOUS VIOLATION" SHALL MEAN A  VIOLATION  OF  THIS
 CHAPTER,  THE  CITY  HOUSING MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE
 EXECUTIVE LAW OR THE RULES AND REGULATIONS PROMULGATED PURSUANT  THERETO
 IDENTIFIED  OR  CLASSIFIED  BY  THE CITY AS IMMEDIATELY HAZARDOUS TO THE
 LIFE, HEALTH AND SAFETY OF THE OCCUPANTS OF A DWELLING;
   D. "CITY" SHALL MEAN A CITY TO WHICH THIS CHAPTER APPLIES.
   2. IN A CITY, ANY TENANT ACTING ALONE OR TOGETHER WITH  OTHER  TENANTS
 IN  A MULTIPLE DWELLING, WHEREIN THERE EXISTS A CONDITION CONSTITUTING A
 HAZARDOUS OR IMMEDIATELY HAZARDOUS VIOLATION, MAY CONTRACT AND  PAY  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05970-01-7

 S. 3191                             2
 
 THE  REPAIR  OF SUCH CONDITION IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.
   3.  ANY  PAYMENT  SO  MADE SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE
 FOLLOWING PROVISIONS HAVE BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT
 OR HIS AGENT:
   A. THE LANDLORD OR HIS AGENT HAVE BEEN SENT NOTICE OF  SUCH  HAZARDOUS
 OR  IMMEDIATELY  HAZARDOUS  VIOLATION  POSTED  BY CERTIFIED MAIL, RETURN
 RECEIPT REQUESTED.
   B. IN THE CASE OF AN IMMEDIATELY HAZARDOUS VIOLATION,  SUCH  VIOLATION
 HAS  BEEN  CERTIFIED  BY THE DEPARTMENT AND SEVEN DAYS HAVE PASSED AFTER
 WRITTEN NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL  SERVICE  TO
 THE  LANDLORD OR HIS AGENT WITHOUT COMPLETION OF REPAIRS OR COMMENCEMENT
 OF REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
 THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
   C. IN THE CASE OF A  HAZARDOUS  VIOLATION,  SUCH  VIOLATION  HAS  BEEN
 CERTIFIED  BY  THE  DEPARTMENT AND THIRTY DAYS HAVE PASSED AFTER WRITTEN
 NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO THE LAND-
 LORD OR HIS AGENT WITHOUT  COMPLETION  OF  REPAIRS  OR  COMMENCEMENT  OF
 REPAIRS  OF  SUCH  VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
 THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
   4. WHEN A TENANT OR GROUP OF TENANTS CONTRACTS FOR REPAIR WORK  PURSU-
 ANT TO THE PROVISIONS OF THIS SECTION, THE FOLLOWING CONDITIONS SHALL BE
 MET:
   A.  IF A TENANT OR GROUP OF TENANTS DO NOT HIRE AN OUTSIDE CONTRACTOR,
 THEY MAY DEDUCT COSTS FOR MATERIALS.
   B. IF A TENANT OR GROUP OF  TENANTS  HIRE  AN  OUTSIDE  CONTRACTOR  TO
 PERFORM  REPAIRS  THEY  MAY  DEDUCT  CHARGES  FOR  MATERIALS  AND LABOR,
 PROVIDED THAT REASONABLE EFFORTS ARE MADE TO HAVE THE REPAIR  WORK  DONE
 BY QUALIFIED WORKMEN AT PREVAILING RATES.
   C.  TENANTS  MUST  RECEIVE  AN  ITEMIZED BILL FROM THE PERSON, FIRM OR
 CORPORATION FROM WHOM MATERIALS OR LABOR ARE PURCHASED.
   D. WHERE A LICENSE TO PERFORM SERVICES IS REQUIRED BY LAW, A TENANT OR
 GROUP OF TENANTS SHALL HIRE AN OUTSIDE LICENSED CONTRACTOR.
   E.  ANY  PERSON,  FIRM,  CORPORATION  OR  EMPLOYEE  THEREOF  PROVIDING
 SERVICES  UNDER  THE  PROVISIONS  OF  THIS  SECTION  MUST BE LICENSED TO
 PERFORM THE REPAIRS REQUESTED BY A TENANT OR GROUP OF TENANTS,  WHERE  A
 LICENSE TO PROVIDE SUCH SERVICES IS REQUIRED BY LAW.
   5.  THE  MAXIMUM  AMOUNT  OF MONEY AN INDIVIDUAL TENANT MAY DEDUCT FOR
 REPAIR WORK UNDER THE PROVISIONS OF THIS SECTION SHALL BE  ONE  THOUSAND
 DOLLARS OR THE SUM OF TWO MONTHS RENT, WHICHEVER IS GREATER. THE MAXIMUM
 AMOUNT  OF  MONEY  TWO  OR  MORE  TENANTS ACTING TOGETHER MAY DEDUCT FOR
 REPAIR WORK FROM THEIR COMBINED  RENTS  UNDER  THE  PROVISIONS  OF  THIS
 SECTION SHALL BE THREE THOUSAND DOLLARS; PROVIDED, HOWEVER, SUCH MAXIMUM
 AMOUNT  MAY  BE  TEN  THOUSAND  DOLLARS  IF  IN  ADDITION  TO  THE OTHER
 PROVISIONS OF THIS SECTION, THE TENANTS HAVE POSTED BY  CERTIFIED  MAIL,
 RETURN RECEIPT REQUESTED, TO THE LANDLORD OR HIS AGENT AN ITEMIZED ESTI-
 MATE  FOR  REPAIR  OF  AN  IMMEDIATELY HAZARDOUS VIOLATION PREPARED BY A
 QUALIFIED PERSON, FIRM OR CORPORATION AND, WITHIN EIGHT DAYS, THE  LAND-
 LORD  HAS NEITHER COMMENCED REPAIR WORK NOR PRESENTED A WRITTEN SCHEDULE
 FOR REASONABLE COMPLETION OF THE REPAIR WORK  NECESSARY  TO  REMOVE  THE
 IMMEDIATELY HAZARDOUS VIOLATION.
   6.  THE  INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY
 STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH  B  OF
 SUBDIVISION FOUR OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STAT-
 ED  THEREIN.  SUFFICIENT  FOUNDATION  FOR THE ALLOWANCE INTO EVIDENCE OF
 SUCH STATEMENT SHALL CONSIST OF THE ORAL TESTIMONY OF ANY  PERSON  NAMED

 S. 3191                             3
 
 AS  A  PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON RELATING THE
 FACTS AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED.
   7.  ANY  TENANT  WHO  HAS  IN GOOD FAITH SECURED AND PAID FOR REPAIRS,
 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.
   8.  NO  OWNER  OR  AGENT  SHALL  BE ENTITLED TO RECOVER ANY AMOUNTS IN
 DAMAGES FROM ANY TENANT OR GROUP OF TENANTS WHO ATTEMPT  IN  GOOD  FAITH
 AND ACT REASONABLY IN CARRYING OUT THE INTENDMENT OF THIS SECTION.
   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 ANY 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 ANY
 SERVICE.
   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.
   11. THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO  AS
 TO GIVE EFFECT TO THE PURPOSE SET FORTH HEREIN.
   §  2.  This act shall take effect immediately; provided, however, that
 in any city which has not heretofore made the  classifications  referred
 to in paragraphs b and c of subdivision 1 of section 302-d of the multi-
 ple  dwelling  law, as added by section one of this act such classifica-
 tions shall be made within six months of the effective date of this  act
 and  this act shall not be deemed to take effect in such city until such
 classifications are made.

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