Bill Text: NY S01278 | 2011-2012 | 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 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01278 Detail]

Download: New_York-2011-S01278-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1278
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sen.  DUANE  -- 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.
                                                                  LBD00955-01-1