NY State Senate Bill 2017-S6253

Senate Bill S6253

2017-2018 Legislative Session

Establishes tenants' right to offset rental payments by the cost of certain emergency repairs

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
May 11, 2017	referred to judiciary

2017-S6253 (ACTIVE) - Details

See Assembly Version of this Bill:: A6875
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §235-h, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1409
2011-2012: A507
2013-2014: A3475
2015-2016: A3898
2019-2020: S2801, A2102
2021-2022: S5908, A3778
2023-2024: S2902

2017-S6253 (ACTIVE) - Summary

Allows a tenant to offset against future rental payments the cost of certain emergency repairs a landlord is either unwilling or unable to correct within twenty-four hours of notice to the landlord of the need for such emergency repair, provided that the tenant provides landlord with itemized cost accounting of all emergency repairs made.

2017-S6253 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6253

 TITLE OF BILL :  An act to amend the real property law, in relation
to tenants' right to offset rental payments by the cost of certain
emergency repairs



 PURPOSE OR GENERAL IDEA OF BILL :

This bill would extend the right tenants' already have, to deduct the
cost of emergency fuel expenditures and heating plant repairs from
their rent to cover the reasonable costs of specific repairs that
require immediate remedy and threaten the life, health and safety of
tenants when they are allowed to remain unrepaired longer than 24
hours.

 SUMMARY OF SPECIFIC PROVISIONS :

 JUSTIFICATION :

Often times, there are certain specific emergency repairs that must be
made within a 24 hour period in order to protect the life, health and
safety of tenants. Such repairs as broken windows, broken or
inoperable security locks, broken or inoperable water closets, plugged
sewage lines, loss of hot and cold water service and leaks in gas

lines, are of such a character as to require immediate remedy.  Many
times, a tenant is unable to cause these emergency repairs to be made
in a reasonable period of time because of the unavailability of the
landlord. Consequently the life, health and safety of tenants are
often placed in jeopardy. This bill seeks to resolve this problem by
simply allowing the tenants to have these specific repairs made and
offsetting the reasonable cost of such repairs from rent if he makes a
good faith effort to contact the landlord for at least 24 hours, and
he provides the landlord with an itemized cost accounting for all
emergency repairs made.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: A3898
2013-2014: A3475
2011: A507
2009: A1409
2007: A634
2006: A9395

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2017-S6253 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6253
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 tenants' right  to
   offset rental payments by the cost of certain emergency repairs
 
   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 OFFSET RENTAL PAYMENTS BY THE COST OF EMER-
 GENCY REPAIRS. 1. EVERY TENANT MAY OFFSET AGAINST  RENTAL  PAYMENTS  THE
 COST  OF MAKING EMERGENCY REPAIRS WHEN A LANDLORD IS EITHER UNWILLING OR
 UNABLE TO CORRECT THE SITUATION WITHIN TWENTY-FOUR HOURS. SUCH EMERGENCY
 REPAIRS SHALL INCLUDE:
   (A) BROKEN WINDOWS WHICH ALLOW THE MIGRATION OF OUTSIDE AIR  INTO  THE
 LIVING AREA OF A DWELLING DURING THE WINTER MONTHS.
   (B) BROKEN OR OTHERWISE INOPERABLE EXTERIOR SECURITY LOCKS.
   (C) BROKEN OR OTHERWISE INOPERABLE WATER CLOSETS.
   (D) REMOVAL OF OBSTRUCTIONS FROM SEWAGE LINES.
   (E)  BROKEN  OR OTHERWISE INOPERABLE PLUMBING LINES WHICH CAUSE INTER-
 RUPTION OF DELIVERY OF BOTH COLD AND HOT WATER SUPPLIES.
   (F) LEAKS OR OBSTRUCTIONS IN SUPPLY AND DELIVERY GAS LINES.
   2. THE TENANT SHALL MAKE A GOOD FAITH EFFORT TO CONTACT  THE  LANDLORD
 TO  NOTIFY HIM OF THE EMERGENCY SITUATION; AND IN THE EVENT THE LANDLORD
 DOES NOT RESPOND WITHIN TWENTY-FOUR HOURS  THE  TENANT  SHALL  HAVE  THE
 RIGHT  TO  MAKE  ALL  NECESSARY  EMERGENCY  REPAIRS,  AND MAY OFFSET THE
 REASONABLE COST THEREOF FROM FUTURE RENT. THE  TENANT  MUST  SECURE  AND
 PROVIDE  TO  THE  LANDLORD  AN ITEMIZED COST ACCOUNTING OF ALL EMERGENCY
 REPAIRS MADE.
   § 2.  This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10636-01-7

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