NY State Senate Bill 2019-S2801

Senate Bill S2801

2019-2020 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 08, 2020	referred to judiciary
Jan 29, 2019	referred to judiciary

2019-S2801 (ACTIVE) - Details

See Assembly Version of this Bill:: A2102
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
2017-2018: S6253, A6875
2021-2022: S5908, A3778
2023-2024: S2902

2019-S2801 (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.

2019-S2801 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2801

SPONSOR: COMRIE
 
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:

Amends the Real Property Law to recognize the right of tenants to offset
the cost of emergency 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 by the landlord.

 
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 reason-
able 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:

S 6253 COMRIE Same as A 6875 Dickens

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S2801 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2801
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 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.
                                                            LBD06496-01-9

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