Bill Text: NY S05278 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that with respect to apartments covered by rent control, rent stabilization, or the emergency tenant protection act, a landlord must be free of outstanding building code violations to bring an action or proceeding for rent or eviction; provides alternative provisions for disputed violations; requires tenants to pay rent into an interest bearing account to be maintained by the court during the pendency of the dispute over the violation; establishes payments may be made from such account to cover utility bills and the making of necessary repairs if the dispute is resolved in favor of the tenant; provides that if such dispute is resolved in favor of the landlord, then he or she shall receive all such payments with interest thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05278 Detail]
Download: New_York-2021-S05278-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5278 2021-2022 Regular Sessions IN SENATE March 1, 2021 ___________ Introduced by Sen. PARKER -- 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 administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to conditions precedent to the bringing of certain actions or proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 26-412 of the administrative code of the city of 2 New York is amended by adding a new subdivision g to read as follows: 3 g. (1) It shall be unlawful for a landlord to bring an action or 4 proceeding for rent or eviction against a tenant or tenants of housing 5 accommodations that are subject to an outstanding official charge of, or 6 an uncured, violation of any applicable building code. The pleadings of 7 the landlord in any such action or proceeding shall be accompanied by a 8 certificate from the department of buildings stating whether or not 9 there are any such outstanding violations. In the event that a landlord 10 disputes a violation, he or she shall so state in his or her pleadings 11 his or her reasons for such dispute. He or she may then proceed with the 12 action or proceeding. 13 (2) During the pendency of the dispute over the violation, the tenant 14 or tenants shall pay rent, or any judgment or order therefor awarded to 15 the landlord, into an interest bearing account to be maintained by the 16 court. If the disputed violation is resolved in the landlord's favor, he 17 or she shall receive all such payments together with interest thereon. 18 If the disputed violation is resolved against the landlord, such 19 payments shall first be applied to funding the curing of such violations 20 and the balance thereof, if any, shall then be paid to the landlord. In 21 the event that a landlord or tenant or tenants are able to demonstrate 22 financial necessity therefor, the court may, in its discretion, apply EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00538-02-1S. 5278 2 1 funds in its custody to the payment of utility bills, if such utilities 2 are currently provided by the landlord, and the making of necessary 3 repairs in the presence of conditions that threaten the health and 4 welfare of the tenant. 5 § 2. The administrative code of the city of New York is amended by 6 adding a new section 26-519.1 to read as follows: 7 § 26-519.1 Conditions precedent to action or proceeding. a. It shall 8 be unlawful for a landlord to bring an action or proceeding for rent or 9 eviction against a tenant or tenants of housing accommodations that are 10 subject to an outstanding official charge of, or an uncured, violation 11 of the building code. The pleadings of the landlord in any such action 12 or proceeding shall be accompanied by a certificate from the department 13 of buildings stating whether or not there are any such outstanding 14 violations. In the event that a landlord disputes a violation, he or she 15 shall so state in his or her pleadings his or her reasons for such 16 dispute. He or she may then proceed with the action or proceeding. 17 b. During the pendency of the dispute over the violation, the tenant 18 or tenants shall pay rent, or any judgment or order therefor awarded to 19 the landlord, into an interest bearing account to be maintained by the 20 court. If the disputed violation is resolved in the landlord's favor, he 21 or she shall receive all such payments together with interest thereon. 22 If the disputed violation is resolved against the landlord, such 23 payments shall first be applied to funding the curing of such violations 24 and the balance thereof, if any, shall then be paid to the landlord. In 25 the event that a landlord or tenant or tenants are able to demonstrate 26 financial necessity therefor, the court may, in its discretion, apply 27 funds in its custody to the payment of utility bills, if such utilities 28 are currently provided by the landlord, and the making of necessary 29 repairs in the presence of conditions that threaten the health and 30 welfare of the tenant. 31 § 3. Section 4 of chapter 576 of the laws of 1974, constituting the 32 emergency tenant protection act of nineteen seventy-four, is amended by 33 adding a new section 12-b to read as follows: 34 § 12-b. Conditions precedent to action or proceeding. a. It shall be 35 unlawful for a landlord to bring an action or proceeding for rent or 36 eviction against a tenant or tenants of housing accommodations that are 37 subject to an outstanding official charge of, or an uncured, violation 38 of any applicable building code. The pleadings of the landlord in any 39 such action or proceeding shall be accompanied by a certificate from the 40 department of buildings stating whether or not there are any such 41 outstanding violations. In the event that a landlord disputes a 42 violation, he or she shall so state in his or her pleadings his or her 43 reasons for such dispute. He or she may then proceed with the action or 44 proceeding. 45 b. During the pendency of the dispute over the violation, the tenant 46 or tenants shall pay rent, or any judgment or order therefor awarded to 47 the landlord, into an interest bearing account to be maintained by the 48 court. If the disputed violation is resolved in the landlord's favor, he 49 or she shall receive all such payments together with interest thereon. 50 If the disputed violation is resolved against the landlord, such 51 payments shall first be applied to funding the curing of such violations 52 and the balance thereof, if any, shall then be paid to the landlord. In 53 the event that a landlord or tenant or tenants are able to demonstrate 54 financial necessity therefor, the court may, in its discretion, apply 55 funds in its custody to the payment of utility bills, if such utilities 56 are currently provided by the landlord, and the making of necessaryS. 5278 3 1 repairs in the presence of conditions that threaten the health and 2 welfare of the tenant. 3 § 4. This act shall take effect immediately; provided that: 4 (a) the amendment to section 26-412 of the city rent and rehabili- 5 tation law made by section one of this act shall remain in full force 6 and effect only so long as the public emergency requiring the regulation 7 and control of residential rents and evictions continues, as provided in 8 subdivision 3 of section 1 of the local emergency housing rent control 9 act; and 10 (b) the addition of section 26-519.1 to chapter 4 of title 26 of the 11 administrative code of the city of New York made by section two of this 12 act shall expire on the same date as such law expires and shall not 13 affect the expiration of such law as provided under section 26-520 of 14 such law.
