Assembly Bill A3778

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2021-A3778 (ACTIVE) - Details

See Senate Version of this Bill:
S5908
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-i, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1409
2011-2012: A507
2013-2014: A3475
2015-2016: A3898
2017-2018: A6875, S6253
2019-2020: A2102, S2801
2023-2024: S2902

2021-A3778 (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.

2021-A3778 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3778
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee 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-i to read as follows:
   §  235-I.  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  OR HER 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 SHALL 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.
                                                            LBD03683-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.