Bill Text: NY S03858 | 2009-2010 | General Assembly | Introduced

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Bill Title: Grants tenants right to withhold one-tenth of one month's rent for each day the owner of a multiple dwelling fails to provide heat during winter months, from November to March, where the landlord is given 24 hours notice of insufficient heat.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO JUDICIARY [S03858 Detail]

Download: New_York-2009-S03858-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3858
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 2, 2009
                                      ___________
       Introduced by Sens. KRUEGER, DUANE, HUNTLEY, MONSERRATE, ONORATO -- 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  the  right  of
         tenants  to  withhold  rent  payments  for  the  landlord's failure to
         provide heat
         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-g to read as follows:
    3    S 235-G. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF
    4  ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT  TO  THE
    5  TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN-
    6  TY-FOUR  HOURS  OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS OR HER
    7  AGENT, EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING  INSUF-
    8  FICIENT  HEAT  DURING  THE  MONTHS OF NOVEMBER THROUGH MARCH, THE TENANT
    9  SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR
   10  HER RENT PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE  FAILED  TO
   11  PROVIDE HEAT.
   12    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00487-01-9