Bill Text: NY S02902 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 2902

Introduced

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 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S02902 Detail]

Download: New_York-2023-S02902-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          2902

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee 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-j to read as follows:
     3    § 235-j. Tenants' 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 or her of the emergency situation; and in  the  event  the
    18  landlord does not respond within twenty-four hours the tenant shall have
    19  the  right  to  make all necessary emergency repairs, and may offset the
    20  reasonable cost thereof from future rent. The tenant  shall  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.
                                                                   LBD03080-01-3