Bill Text: NY A06875 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A06875 Detail]

Download: New_York-2017-A06875-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6875
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 22, 2017
                                       ___________
        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:
     1    Section 1. The real property law is amended by adding  a  new  section
     2  235-h to read as follows:
     3    §  235-h.  Tenant right to offset rental payments by the cost of emer-
     4  gency repairs. 1. Every tenant may offset against  rental  payments  the
     5  cost  of making emergency repairs when a landlord is either unwilling or
     6  unable to correct the situation within twenty-four hours. Such emergency
     7  repairs shall include:
     8    (a) Broken windows which allow the migration of outside air  into  the
     9  living area of a dwelling during the winter months.
    10    (b) Broken or otherwise inoperable exterior security locks.
    11    (c) Broken or otherwise inoperable water closets.
    12    (d) Removal of obstructions from sewage lines.
    13    (e)  Broken  or otherwise inoperable plumbing lines which cause inter-
    14  ruption of delivery of both cold and hot water supplies.
    15    (f) Leaks or obstructions in supply and delivery gas lines.
    16    2. The tenant shall make a good faith effort to contact  the  landlord
    17  to  notify him of the emergency situation; and in the event the landlord
    18  does not respond within twenty-four hours  the  tenant  shall  have  the
    19  right  to  make  all  necessary  emergency  repairs,  and may offset the
    20  reasonable cost thereof from future rent. The  tenant  must  secure  and
    21  provide  to  the  landlord  an itemized cost accounting of all emergency
    22  repairs made.
    23    § 2.  This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10636-01-7