Bill Text: NY S00026 | 2013-2014 | General Assembly | Introduced

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Bill Title: Permits court to order rent abatement in proceedings or actions to recover rent where the court finds conditions exist to constructively evict the tenant; rent may be abated for each day such condition exists; if court finds a condition which reduces habitability it may reduce rent owed by an amount between 10 and 50 percent of any amount owed.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00026 Detail]

Download: New_York-2013-S00026-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          26
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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  real  property  actions  and  proceedings  law,  in
         relation  to  the  abatement  of rent where the landlord fails to make
         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 actions and proceedings law is amended by
    2  adding a new section 757 to read as follows:
    3    S  757.  RENT  ABATEMENT  FOR  FAILURE TO MAKE REPAIRS. 1. UPON PROPER
    4  PROOF OF THE EXISTENCE OF A CONDITION THAT IS, IN  THE  OPINION  OF  THE
    5  COURT,  SUCH AS TO CONSTRUCTIVELY EVICT THE TENANT FROM A PORTION OF THE
    6  PREMISES OCCUPIED BY HIM OR HER, THE COURT SHALL STAY ANY PROCEEDING  OR
    7  ACTION  FOR  RENT AND SHALL REDUCE ANY RENT DUE BY A FULL DAY'S RENT FOR
    8  EACH DAY THE CONDITION IS NOT REPAIRED.
    9    2. IF, IN THE OPINION OF THE COURT, THERE HAS BEEN PROPER PROOF OF THE
   10  EXISTENCE OF A CONDITION WHICH REDUCES THE HABITABILITY OF THE PREMISES,
   11  THE COURT SHALL STAY ANY PROCEEDING OR ACTION FOR RENT AND SHALL  REDUCE
   12  ANY  RENT DUE BY A PERCENTAGE RANGING FROM TEN TO FIFTY PERCENT, REPRES-
   13  ENTING, IN THE OPINION OF  THE  COURT,  THE  REDUCTION  OF  HABITABILITY
   14  CAUSED  BY  THE CONDITIONS IN NEED OF REPAIR, FOR EACH DAY THE CONDITION
   15  IS NOT REPAIRED.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00700-01-3