Assembly Bill A2036A

2019-2020 Legislative Session

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

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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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A2036 - Details

Current Committee:
Assembly Housing
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: A505
2015-2016: A604
2017-2018: A3212
2021-2022: A490
2023-2024: A1853

2019-A2036 - 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

2019-A2036 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2036
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, GOTTFRIED, DINOWITZ -- Multi-Spon-
   sored by -- M.  of A. COLTON, GLICK, PERRY -- read once  and  referred
   to the Committee on Housing
 
 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
 FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN  ITS  DISCRETION,  APPLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2019-A2036A (ACTIVE) - Details

Current Committee:
Assembly Housing
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: A505
2015-2016: A604
2017-2018: A3212
2021-2022: A490
2023-2024: A1853

2019-A2036A (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

2019-A2036A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2036--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, GOTTFRIED, DINOWITZ -- Multi-Spon-
   sored by -- M.  of A. COLTON, GLICK, PERRY -- read once  and  referred
   to the Committee on Housing -- recommitted to the Committee on Housing
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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