STATE OF NEW YORK
        ________________________________________________________________________
                                          3942
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 21, 2019
                                       ___________
        Introduced by Sen. SEPULVEDA -- 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 allowing tenants
          to deduct water payments they make for deficient landlords from  their
          rent
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 235-a of the real property law, as
     2  amended by chapter 713 of the laws  of  1981,  is  amended  to  read  as
     3  follows:
     4    1.  In  any  case in which a tenant shall lawfully make a payment to a
     5  utility company pursuant to the  provisions  of  sections  thirty-three,
     6  thirty-four  and  one hundred sixteen of the public service law, or to a
     7  utility company as defined in subdivision twenty-three of section two of
     8  the public service law, public authority,  water-works  corporation,  as
     9  defined in subdivision twenty-seven of section two of the public service
    10  law,  or  municipal water system, as prescribed in section eighty-nine-l
    11  of the public service law, for water service which a landlord is respon-
    12  sible for but has failed or refused to provide  payment  therefor,  such
    13  payment shall be deductible from any future payment of rent.
    14    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04833-01-9