S T A T E   O F   N E W   Y O R K
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                                   4242
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the multiple dwelling law, in relation to the  right  of
   tenants  to  offset  payments  for  repairs of hazardous conditions in
   certain cases in cities subject to such law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 302-d to read as follows:
   § 302-D. RIGHT OF TENANT TO OFFSET PAYMENTS FOR REPAIRS  OF  HAZARDOUS
 CONDITIONS;  CERTAIN  CASES.  1. AS USED IN THIS SECTION, UNLESS ANOTHER
 MEANING CLEARLY APPEARS FROM THE CONTEXT:
   A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OR AGENCY OF A CITY  WITH  A
 POPULATION  OF  ONE  MILLION OR MORE THAT IS CHARGED WITH ENFORCEMENT OF
 HOUSING LAWS;
   B. "HAZARDOUS VIOLATION" SHALL MEAN A VIOLATION OF THIS  CHAPTER,  THE
 CITY  HOUSING  MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE EXECUTIVE LAW
 OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO IDENTIFIED  OR
 CLASSIFIED  BY  THE  CITY AS HAZARDOUS TO THE LIFE, HEALTH AND SAFETY OF
 THE OCCUPANTS OF A DWELLING;
   C. "IMMEDIATELY HAZARDOUS VIOLATION" SHALL MEAN A  VIOLATION  OF  THIS
 CHAPTER,  THE  CITY  HOUSING MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE
 EXECUTIVE LAW OR THE RULES AND REGULATIONS PROMULGATED PURSUANT  THERETO
 IDENTIFIED  OR  CLASSIFIED  BY  THE CITY AS IMMEDIATELY HAZARDOUS TO THE
 LIFE, HEALTH AND SAFETY OF THE OCCUPANTS OF A DWELLING;
   D. "CITY" SHALL MEAN A CITY TO WHICH THIS CHAPTER APPLIES.
   2. IN A CITY, ANY TENANT ACTING ALONE OR TOGETHER WITH  OTHER  TENANTS
 IN  A MULTIPLE DWELLING, WHEREIN THERE EXISTS A CONDITION CONSTITUTING A
 HAZARDOUS OR IMMEDIATELY HAZARDOUS VIOLATION, MAY CONTRACT AND  PAY  FOR
 THE  REPAIR  OF SUCH CONDITION IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08989-01-3
              

 A. 4242                             2
 
   3. ANY PAYMENT SO MADE SHALL BE DEDUCTIBLE  FROM  RENT  PROVIDING  THE
 FOLLOWING PROVISIONS HAVE BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT
 OR HIS AGENT:
   A.  THE  LANDLORD OR HIS AGENT HAVE BEEN SENT NOTICE OF SUCH HAZARDOUS
 OR IMMEDIATELY HAZARDOUS VIOLATION  POSTED  BY  CERTIFIED  MAIL,  RETURN
 RECEIPT REQUESTED.
   B.  IN  THE CASE OF AN IMMEDIATELY HAZARDOUS VIOLATION, SUCH VIOLATION
 HAS BEEN CERTIFIED BY THE DEPARTMENT AND SEVEN DAYS  HAVE  PASSED  AFTER
 WRITTEN  NOTICE  WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO
 THE LANDLORD OR HIS AGENT WITHOUT COMPLETION OF REPAIRS OR  COMMENCEMENT
 OF REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION IN WRITING TO
 THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
   C.  IN  THE  CASE  OF  A  HAZARDOUS VIOLATION, SUCH VIOLATION HAS BEEN
 CERTIFIED BY THE DEPARTMENT AND THIRTY DAYS HAVE  PASSED  AFTER  WRITTEN
 NOTICE WAS FIRST OFFERED FOR DELIVERY BY THE POSTAL SERVICE TO THE LAND-
 LORD  OR  HIS  AGENT  WITHOUT  COMPLETION  OF REPAIRS OR COMMENCEMENT OF
 REPAIRS OF SUCH VIOLATION BY THE LANDLORD AND PROVISION  IN  WRITING  TO
 THE TENANT OF A REASONABLE SCHEDULE FOR COMPLETION OF SUCH REPAIRS.
   4.  WHEN A TENANT OR GROUP OF TENANTS CONTRACTS FOR REPAIR WORK PURSU-
 ANT TO THE PROVISIONS OF THIS SECTION, THE FOLLOWING CONDITIONS SHALL BE
 MET:
   A. IF A TENANT OR GROUP OF TENANTS DO NOT HIRE AN OUTSIDE  CONTRACTOR,
 THEY MAY DEDUCT COSTS FOR MATERIALS.
   B.  IF  A  TENANT  OR  GROUP  OF TENANTS HIRE AN OUTSIDE CONTRACTOR TO
 PERFORM REPAIRS  THEY  MAY  DEDUCT  CHARGES  FOR  MATERIALS  AND  LABOR,
 PROVIDED  THAT  REASONABLE EFFORTS ARE MADE TO HAVE THE REPAIR WORK DONE
 BY QUALIFIED WORKMEN AT PREVAILING RATES.
   C. TENANTS MUST RECEIVE AN ITEMIZED BILL  FROM  THE  PERSON,  FIRM  OR
 CORPORATION FROM WHOM MATERIALS OR LABOR ARE PURCHASED.
   D. WHERE A LICENSE TO PERFORM SERVICES IS REQUIRED BY LAW, A TENANT OR
 GROUP OF TENANTS SHALL HIRE AN OUTSIDE LICENSED CONTRACTOR.
   E.  ANY  PERSON,  FIRM,  CORPORATION  OR  EMPLOYEE  THEREOF  PROVIDING
 SERVICES UNDER THE PROVISIONS  OF  THIS  SECTION  MUST  BE  LICENSED  TO
 PERFORM  THE  REPAIRS REQUESTED BY A TENANT OR GROUP OF TENANTS, WHERE A
 LICENSE TO PROVIDE SUCH SERVICES IS REQUIRED BY LAW.
   5. THE MAXIMUM AMOUNT OF MONEY AN INDIVIDUAL  TENANT  MAY  DEDUCT  FOR
 REPAIR  WORK  UNDER THE PROVISIONS OF THIS SECTION SHALL BE ONE THOUSAND
 DOLLARS OR THE SUM OF TWO MONTHS RENT, WHICHEVER IS GREATER. THE MAXIMUM
 AMOUNT OF MONEY TWO OR MORE  TENANTS  ACTING  TOGETHER  MAY  DEDUCT  FOR
 REPAIR  WORK  FROM  THEIR  COMBINED  RENTS  UNDER THE PROVISIONS OF THIS
 SECTION SHALL BE THREE THOUSAND DOLLARS; PROVIDED, HOWEVER, SUCH MAXIMUM
 AMOUNT MAY  BE  TEN  THOUSAND  DOLLARS  IF  IN  ADDITION  TO  THE  OTHER
 PROVISIONS  OF  THIS SECTION, THE TENANTS HAVE POSTED BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, TO THE LANDLORD OR HIS AGENT AN ITEMIZED ESTI-
 MATE FOR REPAIR OF AN IMMEDIATELY  HAZARDOUS  VIOLATION  PREPARED  BY  A
 QUALIFIED  PERSON, FIRM OR CORPORATION AND, WITHIN EIGHT DAYS, THE LAND-
 LORD HAS NEITHER COMMENCED REPAIR WORK NOR PRESENTED A WRITTEN  SCHEDULE
 FOR  REASONABLE  COMPLETION  OF  THE REPAIR WORK NECESSARY TO REMOVE THE
 IMMEDIATELY HAZARDOUS VIOLATION.
   6. THE INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING  OF  ANY
 STATEMENT  RENDERED  IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH B OF
 SUBDIVISION FOUR OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STAT-
 ED THEREIN. SUFFICIENT FOUNDATION FOR THE  ALLOWANCE  INTO  EVIDENCE  OF
 SUCH  STATEMENT  SHALL CONSIST OF THE ORAL TESTIMONY OF ANY PERSON NAMED
 AS A PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON  RELATING  THE
 FACTS AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED.
 A. 4242                             3
 
   7.  ANY  TENANT  WHO  HAS  IN GOOD FAITH SECURED AND PAID FOR REPAIRS,
 OTHERWISE IN CONFORMANCE WITH THE PROVISIONS OF THIS SECTION AND AGAINST
 WHOM AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF THE  PREMISES  FOR
 NONPAYMENT  OF  RENT  OR  ANY OTHER ACTION OR PROCEEDING ATTRIBUTABLE AT
 LEAST  IN  PART TO THE TENANT SEEKING OR TAKING A DEDUCTION FROM RENT AS
 ALLOWED BY THIS SECTION SHALL, IN ADDITION  TO  ANY  OTHER  AMOUNTS,  BE
 ENTITLED  TO  RECOVER  REASONABLE  COSTS  AND ATTORNEY'S FEES AGAINST AN
 OWNER BRINGING SUCH ACTION OR PROCEEDING.
   8. NO OWNER OR AGENT SHALL BE  ENTITLED  TO  RECOVER  ANY  AMOUNTS  IN
 DAMAGES  FROM  ANY  TENANT OR GROUP OF TENANTS WHO ATTEMPT IN GOOD FAITH
 AND ACT REASONABLY IN CARRYING OUT THE INTENDMENT OF THIS SECTION.
   9. THE REMEDY PROVIDED IN THIS SECTION SHALL NOT BE  EXCLUSIVE  AND  A
 COURT  MAY  PROVIDE  SUCH  OTHER RELIEF AS MAY BE JUST AND PROPER IN THE
 CIRCUMSTANCES. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  OR
 DENY  ANY  EXISTING  CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE OR COMMON
 LAW RIGHT OF A TENANT TO CONTRACT AND PAY FOR ANY GOODS AND SERVICES FOR
 SUCH MULTIPLE DWELLING. THIS SECTION SHALL NOT BE CONSTRUED TO  PRECLUDE
 ANY  DEFENSE,  COUNTERCLAIM OR CAUSE OF ACTION ASSERTED BY A TENANT THAT
 MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE  TO  PROVIDE  ANY
 SERVICE.
   10.  ANY  AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS
 RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO  PUBLIC
 POLICY.
   11.  THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS
 TO GIVE EFFECT TO THE PURPOSE SET FORTH HEREIN.
   § 2. This act shall take effect immediately; provided,  however,  that
 in  any  city which has not heretofore made the classifications referred
 to in paragraphs b and c of subdivision 1 of section 302-d of the multi-
 ple dwelling law, as added by section one of this act  such  classifica-
 tions  shall be made within six months of the effective date of this act
 and this act shall not be deemed to take effect in such city until  such
 classifications are made.