Bill Text: NY A00505 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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; 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; provides that if such dispute is resolved in favor of the landlord, then he or she shall receive all such payments with interest thereon.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-01-08 - referred to housing [A00505 Detail]

Download: New_York-2013-A00505-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          505
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. ROSENTHAL, MILLMAN, CLARK, GOTTFRIED, KAVANAGH,
         DINOWITZ, KELLNER -- Multi-Sponsored by -- M. of A.  BOYLAND,  COLTON,
         FARRELL,  GLICK,  ROBINSON,  WRIGHT  --  read once and referred to the
         Committee on Housing
       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:
    1    Section 1. Section 26-412 of the administrative code of  the  city  of
    2  New York is amended by adding a new subdivision g to read as follows:
    3    G.  (1)  IT  SHALL  BE  UNLAWFUL  FOR A LANDLORD TO BRING AN ACTION OR
    4  PROCEEDING FOR RENT OR EVICTION AGAINST A TENANT OR TENANTS  OF  HOUSING
    5  ACCOMMODATIONS THAT ARE SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR
    6  AN  UNCURED, VIOLATION OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS OF
    7  THE LANDLORD IN ANY SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY  A
    8  CERTIFICATE  FROM  THE  DEPARTMENT  OF  BUILDINGS STATING WHETHER OR NOT
    9  THERE ARE ANY SUCH OUTSTANDING VIOLATIONS. IN THE EVENT THAT A  LANDLORD
   10  DISPUTES  A  VIOLATION, HE OR SHE SHALL SO STATE IN HIS OR HER PLEADINGS
   11  HIS OR HER REASONS FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE
   12  ACTION OR PROCEEDING.
   13    (2) DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE  TENANT
   14  OR  TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
   15  THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED  BY  THE
   16  COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
   17  OR  SHE  SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
   18  IF THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD,  SUCH
   19  PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
   20  AND  THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02239-01-3
       A. 505                              2
    1  THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE  TO  DEMONSTRATE
    2  FINANCIAL  NECESSITY  THEREFOR,  THE COURT MAY, IN ITS DISCRETION, APPLY
    3  FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
    4  ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY
    5  REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
    6  WELFARE OF THE TENANT.
    7    S  2.  The  administrative  code of the city of New York is amended by
    8  adding a new section 26-519.1 to read as follows:
    9    S 26-519.1 CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A.  IT  SHALL
   10  BE  UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR PROCEEDING FOR RENT OR
   11  EVICTION AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT  ARE
   12  SUBJECT  TO  AN OUTSTANDING OFFICIAL CHARGE OF, OR AN UNCURED, VIOLATION
   13  OF THE BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY  SUCH  ACTION
   14  OR  PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE DEPARTMENT
   15  OF BUILDINGS STATING WHETHER OR  NOT  THERE  ARE  ANY  SUCH  OUTSTANDING
   16  VIOLATIONS. IN THE EVENT THAT A LANDLORD DISPUTES A VIOLATION, HE OR SHE
   17  SHALL  SO  STATE  IN  HIS  OR  HER PLEADINGS HIS OR HER REASONS FOR SUCH
   18  DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION OR PROCEEDING.
   19    B. DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION,  THE  TENANT
   20  OR  TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
   21  THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED  BY  THE
   22  COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
   23  OR  SHE  SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
   24  IF THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD,  SUCH
   25  PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
   26  AND  THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
   27  THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE  TO  DEMONSTRATE
   28  FINANCIAL  NECESSITY  THEREFOR,  THE COURT MAY, IN ITS DISCRETION, APPLY
   29  FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
   30  ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY
   31  REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
   32  WELFARE OF THE TENANT.
   33    S  3.  Section  4 of chapter 576 of the laws of 1974, constituting the
   34  emergency tenant protection act of nineteen seventy-four, is amended  by
   35  adding a new section 12-b to read as follows:
   36    S  12-B.  CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT SHALL BE
   37  UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR  PROCEEDING  FOR  RENT  OR
   38  EVICTION  AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT ARE
   39  SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR AN  UNCURED,  VIOLATION
   40  OF  ANY  APPLICABLE  BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY
   41  SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE
   42  DEPARTMENT OF BUILDINGS STATING  WHETHER  OR  NOT  THERE  ARE  ANY  SUCH
   43  OUTSTANDING  VIOLATIONS.  IN  THE  EVENT  THAT  A  LANDLORD  DISPUTES  A
   44  VIOLATION, HE OR SHE SHALL SO STATE IN HIS OR HER PLEADINGS HIS  OR  HER
   45  REASONS  FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION OR
   46  PROCEEDING.
   47    B. DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION,  THE  TENANT
   48  OR  TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED TO
   49  THE LANDLORD, INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED  BY  THE
   50  COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
   51  OR  SHE  SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH INTEREST THEREON.
   52  IF THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD,  SUCH
   53  PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
   54  AND  THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD. IN
   55  THE EVENT THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE  TO  DEMONSTRATE
   56  FINANCIAL  NECESSITY  THEREFOR,  THE COURT MAY, IN ITS DISCRETION, APPLY
       A. 505                              3
    1  FUNDS IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH  UTILITIES
    2  ARE  CURRENTLY  PROVIDED  BY  THE  LANDLORD, AND THE MAKING OF NECESSARY
    3  REPAIRS IN THE PRESENCE OF  CONDITIONS  THAT  THREATEN  THE  HEALTH  AND
    4  WELFARE OF THE TENANT.
    5    S 4. This act shall take effect immediately; provided that:
    6    (a)  the  amendment  to  section 26-412 of the city rent and rehabili-
    7  tation law made by section one of this act shall remain  in  full  force
    8  and effect only so long as the public emergency requiring the regulation
    9  and control of residential rents and evictions continues, as provided in
   10  subdivision  3  of section 1 of the local emergency housing rent control
   11  act;
   12    (b) the addition of section 26-519.1 to the rent stabilization law  of
   13  nineteen hundred sixty-nine made by section two of this act shall expire
   14  on the same date as such law expires and shall not affect the expiration
   15  of such law as provided under section 26-520 of such law; and
   16    (c)  the  addition  of section 12-b to the emergency tenant protection
   17  act of nineteen seventy-four made by section three  of  this  act  shall
   18  expire  on  the  same  date as such act expires and shall not affect the
   19  expiration of such act as provided in section 17 of chapter 576  of  the
   20  laws of 1974, as amended.