Bill Text: NY S01254 | 2013-2014 | General Assembly | Introduced
Bill Title: Allows tenants in multiple dwellings and multiple residences to offset against rent the cost of repairing habitability-impairing conditions in such dwelling or residence; establishes conditions and procedures therefor.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01254 Detail]
Download: New_York-2013-S01254-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1254 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. PERKINS, DIAZ, HASSELL-THOMPSON, KRUEGER, PARKER, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Communi- ty Development AN ACT to amend the multiple residence law and the multiple dwelling law, in relation to the correction of habitability-impairing condi- tions by the tenant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The multiple residence law is amended by adding a new 2 section 305-b to read as follows: 3 S 305-B. RIGHT OF TENANT TO OFFSET PAYMENTS FOR HABITABILITY-IMPAIRING 4 CONDITIONS; CERTAIN CASES. 1. ANY TENANT ACTING ALONE OR TOGETHER WITH 5 OTHER TENANTS OF A MULTIPLE DWELLING WHEREIN THERE EXISTS ONE OR MORE 6 HABITABILITY-IMPAIRING CONDITIONS DUE TO THE OWNER'S FAILURE TO MAINTAIN 7 THE PREMISES, MAY CONTRACT AND PAY FOR THE CORRECTION OF SUCH CONDITION 8 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. ANY PAYMENT SO MADE 9 SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE FOLLOWING PROVISIONS HAVE 10 BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT OR SOMEONE ACTING ON HIS 11 OR HER BEHALF: 12 A. THE LANDLORD OR HIS OR HER AGENT WAS GIVEN AT LEAST SEVEN DAYS 13 WRITTEN NOTICE THAT ACTION WOULD BE TAKEN UNDER THIS SECTION IF CORREC- 14 TIVE MEASURES WERE NOT RENDERED. 15 B. REASONABLE EFFORTS WERE MADE TO HAVE THE CONDITION REMEDIED BY THE 16 LANDLORD'S USUAL TRADESMAN, IF KNOWN TO THE TENANT. 17 C. REPAIR OF THE CONDITION WAS MADE BY A TRADESMAN REGULARLY ENGAGED 18 IN THE APPROPRIATE TRADE AT A REASONABLE PRICE. 19 D. THE CONTRACTOR PROVIDED A WRITTEN STATEMENT CONTAINING THE FOLLOW- 20 ING: 21 (1) THE NAME OF THE PERSON OR PERSONS WHO REQUESTED THE SERVICES; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02692-01-3 S. 1254 2 1 (2) THE DATE, TIME OF AND PREMISES AT WHICH REPAIRS WERE MADE; AND 2 (3) THE COST OF LABOR AND MATERIALS; AND 3 (4) A CERTIFICATION THAT THE SERVICES WERE NECESSARY; AND 4 (5) THE AMOUNTS AND FROM WHOM ANY PAYMENTS WERE RECEIVED. 5 E. AFTER RENDITION OF SERVICES, THE LANDLORD WAS SENT BY THE TENANT A 6 COPY OF THE BILL FROM THE CONTRACTOR AND A STATEMENT OF THE AMOUNTS TO 7 BE DEDUCTED FROM THE TENANT'S OR TENANTS' RENT FOR THE MONTH. 8 F. A TENANT SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF 9 PARAGRAPH A OR B OF THIS SUBDIVISION UNLESS THE OWNER HAS CONTINUOUSLY 10 KEPT POSTED IN A CONSPICUOUS PLACE AT THE PREMISES A NOTICE CONTAINING 11 HIS OR HER NAME, ADDRESS AND TELEPHONE NUMBER OR THAT OF HIS OR HER 12 AGENT AND THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUPPLIER OF SUCH 13 SERVICES TO THE PREMISES. 14 2. THE DEPARTMENT CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES AND 15 REGULATIONS IN RELATION TO MULTIPLE DWELLINGS SHALL: 16 A. MAINTAIN AND, TO THE EXTENT PRACTICABLE, UPDATE AT LEAST BI-WEEKLY 17 AN INDEX REFLECTING THE RANGE OF APPLICABLE WAGE RATES OF SUCH SERVICES 18 WITHIN THE JURISDICTION OF THE DEPARTMENT DURING THE LAST TWO WEEK PERI- 19 OD FOR WHICH STATISTICS ARE AVAILABLE; 20 B. MAINTAIN AND KEEP CURRENT AND AVAILABLE A LIST OF CONTRACTORS WHICH 21 HAVE AGREED TO MAKE SUCH REPAIRS IN THE CIRCUMSTANCES, AND TO RENDER 22 SUCH ASSISTANCE AS IS OTHERWISE REQUIRED HEREBY TO ENABLE TENANTS TO 23 OBTAIN THE BENEFITS, CONTEMPLATED BY THIS SECTION; AND 24 C. RECEIVE AND COMPILE COMPLAINTS FROM TENANTS WHO WERE UNABLE TO 25 PERSUADE THEIR LANDLORDS TO TAKE CORRECTIVE MEASURES FOR 26 HABITABILITY-IMPAIRING CONDITIONS AND WERE THEREFORE FORCED TO RESORT TO 27 THE PROVISIONS OF THIS SECTION. 28 3. THE PAYMENT FOR SUCH SERVICES AT A PRICE WITHIN THE RANGE OF PRIC- 29 ES PERMITTED BY PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION SHALL BE 30 CONCLUSIVELY PRESUMED TO HAVE BEEN A REASONABLE PRICE. 31 4. THE INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY 32 STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH D OF 33 SUBDIVISION ONE OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STATED 34 THEREIN. SUFFICIENT FOUNDATION FOR THE ALLOWANCE INTO EVIDENCE OF SUCH 35 STATEMENT SHALL CONSIST IN THE ORAL TESTIMONY OF ANY PERSON NAMED AS A 36 PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON RELATING THE FACTS 37 AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED. 38 5. ANY TENANT WHO HAS IN GOOD FAITH SECURED AND PAID FOR SUCH SERVICES 39 OTHERWISE IN CONFORMANCE WITH THE PROVISIONS OF THIS SECTION AND AGAINST 40 WHOM AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF THE PREMISES FOR 41 NONPAYMENT OF RENT OR ANY OTHER ACTION OR PROCEEDING ATTRIBUTABLE AT 42 LEAST IN PART TO THE TENANT SEEKING OR TAKING A DEDUCTION FROM RENT AS 43 ALLOWED BY THIS SECTION SHALL, IN ADDITION TO ANY OTHER AMOUNTS, BE 44 ENTITLED TO RECOVER REASONABLE COSTS AND ATTORNEY'S FEES AGAINST AN 45 OWNER BRINGING SUCH ACTION OR PROCEEDING. 46 6. NO OWNER OR AGENT SHALL BE ENTITLED TO RECOVER ANY AMOUNTS IN 47 DAMAGES FROM ANY CONTRACTOR WHO ATTEMPTS IN GOOD FAITH AND ACTS REASON- 48 ABLY TO CARRY OUT THE INTENDMENT OF THIS SECTION EXCEPT DAMAGES ARISING 49 OUT OF GROSS NEGLIGENCE. 50 7. THE REMEDY PROVIDED IN THIS SECTION SHALL NOT BE EXCLUSIVE AND A 51 COURT MAY PROVIDE SUCH OTHER RELIEF AS MAY BE JUST AND PROPER IN THE 52 CIRCUMSTANCES. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR 53 DENY ANY EXISTING CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE OR COMMON 54 LAW RIGHT OF A TENANT TO CONTRACT AND PAY FOR SUCH SERVICES FOR THE 55 MULTIPLE DWELLING IN WHICH HE OR SHE RESIDES OR TO PAY FOR THE COST OF 56 ANY OTHER GOODS AND SERVICES FOR SUCH MULTIPLE DWELLING. THIS SECTION S. 1254 3 1 SHALL NOT BE CONSTRUED TO PRECLUDE ANY DEFENSE, COUNTERCLAIM OR CAUSE OF 2 ACTION THAT MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE TO 3 PROVIDE HEAT OR ANY OTHER SERVICE. 4 8. ANY AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS OR 5 HER RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO 6 PUBLIC POLICY. 7 9. THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS 8 TO GIVE EFFECT TO THE PURPOSES SET FORTH IN THIS SECTION. 9 10. NOTHING CONTAINED IN THIS SECTION AND NO PAYMENT MADE PURSUANT TO 10 THIS SECTION SHALL BE DEEMED TO DISCHARGE THE LIABILITY OF A RENTER WITH 11 AN INTEREST IN REAL PROPERTY PURSUANT TO SUBDIVISION TWO OF SECTION 12 THREE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW FROM TAXES LEVIED ON 13 SUCH INTEREST. 14 S 2. The multiple dwelling law is amended by adding a new section 15 302-d to read as follows: 16 S 302-D. RIGHT OF TENANT TO OFFSET PAYMENTS FOR HABITABILITY-IMPAIRING 17 CONDITIONS; CERTAIN CASES. 1. ANY TENANT ACTING ALONE OR TOGETHER WITH 18 OTHER TENANTS OF A MULTIPLE DWELLING WHEREIN THERE EXISTS ONE OR MORE 19 HABITABILITY-IMPAIRING CONDITIONS DUE TO THE OWNER'S FAILURE TO MAINTAIN 20 THE PREMISES, MAY CONTRACT AND PAY FOR THE CORRECTION OF SUCH CONDITION 21 IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. ANY PAYMENT SO MADE 22 SHALL BE DEDUCTIBLE FROM RENT PROVIDING THE FOLLOWING PROVISIONS HAVE 23 BEEN SUBSTANTIALLY COMPLIED WITH BY THE TENANT OR SOMEONE ACTING ON HIS 24 OR HER BEHALF: 25 A. REASONABLE EFFORTS WERE MADE TO CONTACT THE OWNER OR HIS OR HER 26 AGENT IN WRITING TO INFORM THE OWNER OF SUCH CONDITION. 27 B. REASONABLE EFFORTS WERE MADE TO HAVE THE CONDITION REMEDIED BY THE 28 LANDLORD'S USUAL TRADESMAN, IF KNOWN TO THE TENANT. 29 C. REPAIR OF THE CONDITION WAS MADE BY A TRADESMAN REGULARLY ENGAGED 30 IN THE APPROPRIATE TRADE AT A REASONABLE PRICE. 31 D. THE CONTRACTOR PROVIDED A WRITTEN STATEMENT CONTAINING THE FOLLOW- 32 ING: 33 (1) THE NAME OF THE PERSON OR PERSONS WHO REQUESTED THE SERVICES; AND 34 (2) THE DATE, TIME OF AND PREMISES AT WHICH REPAIRS WERE MADE; AND 35 (3) THE COST OF LABOR AND MATERIALS; AND 36 (4) A CERTIFICATION THAT THE SERVICES WERE NECESSARY; AND 37 (5) THE AMOUNTS AND FROM WHOM ANY PAYMENTS WERE RECEIVED. 38 E. A TENANT SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF 39 PARAGRAPH A OR B OF THIS SUBDIVISION UNLESS THE OWNER HAS CONTINUOUSLY 40 KEPT POSTED IN A CONSPICUOUS PLACE AT THE PREMISES A NOTICE CONTAINING 41 HIS OR HER NAME, ADDRESS AND TELEPHONE NUMBER OR THAT OF HIS OR HER 42 AGENT AND THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUPPLIER OF SUCH 43 SERVICES TO THE PREMISES. 44 2. THE DEPARTMENT CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES AND 45 REGULATIONS IN RELATION TO MULTIPLE DWELLINGS SHALL: 46 A. MAINTAIN AND, TO THE EXTENT PRACTICABLE, UPDATE AT LEAST BI-WEEKLY 47 AN INDEX REFLECTING THE RANGE OF APPLICABLE WAGE RATES OF SUCH SERVICES 48 WITHIN THE JURISDICTION OF THE DEPARTMENT DURING THE LAST TWO WEEK PERI- 49 OD FOR WHICH STATISTICS ARE AVAILABLE; AND 50 B. MAINTAIN AND KEEP CURRENT AND AVAILABLE A LIST OF CONTRACTORS WHICH 51 HAVE AGREED TO MAKE SUCH REPAIRS IN THE CIRCUMSTANCES, AND TO RENDER 52 SUCH ASSISTANCE AS IS OTHERWISE REQUIRED HEREBY TO ENABLE TENANTS TO 53 OBTAIN THE BENEFITS, CONTEMPLATED BY THIS SECTION. 54 3. THE PAYMENT FOR SUCH SERVICES AT A PRICE WITHIN THE RANGE OF PRIC- 55 ES PERMITTED BY PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION SHALL BE 56 CONCLUSIVELY PRESUMED TO HAVE BEEN A REASONABLE PRICE. S. 1254 4 1 4. THE INTRODUCTION INTO EVIDENCE IN ANY ACTION OR PROCEEDING OF ANY 2 STATEMENT RENDERED IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH D OF 3 SUBDIVISION ONE OF THIS SECTION SHALL BE PRESUMPTIVE OF THE FACTS STATED 4 THEREIN. SUFFICIENT FOUNDATION FOR THE ALLOWANCE INTO EVIDENCE OF SUCH 5 STATEMENT SHALL CONSIST IN THE ORAL TESTIMONY OF ANY PERSON NAMED AS A 6 PAYER OF ALL OR PART OF THE AMOUNT INDICATED THEREON RELATING THE FACTS 7 AND CIRCUMSTANCES IN WHICH THE STATEMENT WAS RENDERED. 8 5. ANY TENANT WHO HAS IN GOOD FAITH SECURED AND PAID FOR SUCH SERVICES 9 OTHERWISE IN CONFORMANCE WITH THE PROVISIONS OF THIS SECTION AND AGAINST 10 WHOM AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF THE PREMISES FOR 11 NONPAYMENT OF RENT OR ANY OTHER ACTION OR PROCEEDING ATTRIBUTABLE AT 12 LEAST IN PART TO THE TENANT SEEKING OR TAKING A DEDUCTION FROM RENT AS 13 ALLOWED BY THIS SECTION SHALL, IN ADDITION TO ANY OTHER AMOUNTS, BE 14 ENTITLED TO RECOVER REASONABLE COSTS AND ATTORNEY'S FEES AGAINST AN 15 OWNER BRINGING SUCH ACTION OR PROCEEDING. 16 6. NO OWNER OR AGENT SHALL BE ENTITLED TO RECOVER ANY AMOUNTS IN 17 DAMAGES FROM ANY CONTRACTOR WHO ATTEMPTS IN GOOD FAITH AND ACTS REASON- 18 ABLY TO CARRY OUT THE INTENDMENT OF THIS SECTION EXCEPT DAMAGES ARISING 19 OUT OF GROSS NEGLIGENCE. 20 7. THE REMEDY PROVIDED IN THIS SECTION SHALL NOT BE EXCLUSIVE AND A 21 COURT MAY PROVIDE SUCH OTHER RELIEF AS MAY BE JUST AND PROPER IN THE 22 CIRCUMSTANCES. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR 23 DENY ANY EXISTING CONSTITUTIONAL, STATUTORY, ADMINISTRATIVE OR COMMON 24 LAW RIGHT OF A TENANT TO CONTRACT AND PAY FOR SUCH SERVICES FOR THE 25 MULTIPLE DWELLING IN WHICH HE OR SHE RESIDES OR TO PAY FOR THE COST OF 26 ANY OTHER GOODS AND SERVICES FOR SUCH MULTIPLE DWELLING. THIS SECTION 27 SHALL NOT BE CONSTRUED TO PRECLUDE ANY DEFENSE, COUNTERCLAIM OR CAUSE OF 28 ACTION THAT MAY OTHERWISE EXIST WITH RESPECT TO AN OWNER'S FAILURE TO 29 PROVIDE HEAT OR ANY OTHER SERVICE. 30 8. ANY AGREEMENT BY A TENANT OF A DWELLING WAIVING OR MODIFYING HIS OR 31 HER RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO 32 PUBLIC POLICY. 33 9. THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED SO AS 34 TO GIVE EFFECT TO THE PURPOSES SET FORTH IN THIS SECTION. 35 10. NOTHING CONTAINED IN THIS SECTION AND NO PAYMENT MADE PURSUANT TO 36 THIS SECTION SHALL BE DEEMED TO DISCHARGE THE LIABILITY OF A RENTER WITH 37 AN INTEREST IN REAL PROPERTY PURSUANT TO SUBDIVISION TWO OF SECTION 38 THREE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW FROM TAXES LEVIED ON 39 SUCH INTEREST. 40 S 3. This act shall take effect immediately.