Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 |
referred to judiciary |
Jan 20, 2017 |
referred to judiciary |
Senate Bill S3322
2017-2018 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
co-Sponsors
(D) Senate District
(D) 36th Senate District
(D, WF) 47th Senate District
(D, WF) 29th Senate District
2017-S3322 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A11091
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §235-h, RP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3858, A414
2011-2012: S458, A5948
2013-2014: S3168, A251
2015-2016: S2871, A5733
2019-2020: A2766
2017-S3322 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3322 TITLE OF BILL : An act to amend the real property law, in relation to the right of tenants to withhold rent payments for the landlord's failure to provide heat PURPOSE : This bill provides a legal basis for the tenant to withhold rent from the landlord if the warranty of habitability is breached. JUSTIFICATION : There is a long-held belief in this country that individuals should get what they pay for. In commercial law, if you do not receive what you are promised in a contract, you are entitled to withhold payment for service or materials ordered. But this basic right does not exist in landlord-tenant law. Even the Warranty of Habitability Law does not explicitly allow the tenant, on his own to deduct rent. This bill provides a legal basis for the tenant to withhold rent from the landlord if the warranty of habitability is breached. LEGISLATIVE HISTORY : 2002: S.6960 2003-04: S.3093
2017-S3322 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3322 2017-2018 Regular Sessions I N S E N A T E January 20, 2017 ___________ Introduced by Sens. KRUEGER, AVELLA, BAILEY, HOYLMAN, PERKINS, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to the right of tenants to withhold rent payments for the landlord's failure to provide heat 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. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT TO THE TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN- TY-FOUR HOURS OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS OR HER AGENT, EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING INSUF- FICIENT HEAT DURING THE MONTHS OF NOVEMBER THROUGH MARCH, THE TENANT SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR HER RENT PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE FAILED TO PROVIDE HEAT. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05963-01-7
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