NY State Senate Bill 2021-S5278

Senate Bill S5278

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Mar 01, 2021	referred to housing, construction and community development

2021-S5278 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
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:: 2013-2014: S5438
2015-2016: S593
2017-2018: S3646
2019-2020: S4788
2023-2024: S6769

2021-S5278 (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; establishes 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

2021-S5278 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5278

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
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: S.4788 - Referred to Housing, Construction and Community Devel-
opment
2017-18: S.3646 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT
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

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5278 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5278
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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.

                                                            LBD00538-02-1

 S. 5278                             2
 
 FUNDS  IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
 ARE CURRENTLY PROVIDED BY THE LANDLORD,  AND  THE  MAKING  OF  NECESSARY
 REPAIRS  IN  THE  PRESENCE  OF  CONDITIONS  THAT THREATEN THE HEALTH AND
 WELFARE OF THE TENANT.
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 26-519.1 to read as follows:
   § 26-519.1 CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A.  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 THE 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.
   B. 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
 FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
 ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY
 REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
 WELFARE OF THE TENANT.
   §  3.  Section  4 of chapter 576 of the laws of 1974, constituting the
 emergency tenant protection act of nineteen seventy-four, is amended  by
 adding a new section 12-b to read as follows:
   §  12-B.  CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. 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.
   B. 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
 FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
 ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY

 S. 5278                             3
 
 REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
 WELFARE OF THE TENANT.
   § 4. This act shall take effect immediately; provided that:
   (a)  the  amendment  to  section 26-412 of the city rent and rehabili-
 tation law made by section one of this act shall remain  in  full  force
 and effect only so long as the public emergency requiring the regulation
 and control of residential rents and evictions continues, as provided in
 subdivision  3  of section 1 of the local emergency housing rent control
 act; and
   (b) the addition of section 26-519.1 to chapter 4 of title 26  of  the
 administrative  code of the city of New York made by section two of this
 act shall expire on the same date as such  law  expires  and  shall  not
 affect  the  expiration  of such law as provided under section 26-520 of
 such law.

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