BILL NUMBER: S2930

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the tax law, in relation to suspending imposition of the
compensating use tax on heating fuels for certain senior citizens

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill makes unlawful the practice of bringing eviction proceedings
for nonpayment of rent against tenant(s) if the building is in violation
of a building code.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends the administrative code of the City of New York to prevent a
tenant or tenants from being evicted for nonpayment of rent if their
building is in violation of the building code. If a landlord disputes
the violation, the bill requires that the tenants in question pay their
rent to an interest bearing account maintained by the court until the
dispute is resolved. a) If the dispute is resolved in favor of the land-
              

lord, he or she shall be paid the monies from said account along with
any interest accrued. b) If the violation is determined to be legiti-
mate, the monies are to be used first to correct the violation, and the
remainder, if any, given to the landlord along with any interest.

 
JUSTIFICATION:

It is not an uncommon practice for tenants to "rent-strike" if they feel
that there are gross violations of the building code. This bill would
protect tenants from being evicted during such rent withholding periods,
and at the same time protect landlords from frivolous rent strikes by
requiring that the court collect rents during the period of any disputed
violation. Thus, the bill is a fair compromise; granting each side
protection from and rights against the other. One advantage of this bill
(over current law) is the provision for the court to apply the monies in
the aforementioned account directly to remedy any (proved) violation.
This way the tenants are assured that reasons for their strike will no
longer exist and their concerns are met, while at the same time guaran-
teeing the landlord that the tenant will not live rent-free for months
and then move out.

 
PRIOR LEGISLATIVE HISTORY:

2019/20 S3603 - REFERRED TO BUDGET AND REVENUE
2017/18 S3646 - Referred to Housing, Construction and Community Develop-
ment
2015-16: S.593/A.604 - Referred to Housing, Construction and Community
Development
2013-14: S.5438/A.505 - Referred to Housing, Construction and Community
Development
A.4545 of 2009-2012
A.3986 of 2007-2008
A.5586 of 2005-2006
A.5775 of 2003-2004
A.4765 of 2001-2002
A.6615 of 1999-2000
A.2736 of 1997-1998
A.1754 of 1995-1996
A.3980 of 1993-1994
A.1300 of 1991-1992

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.