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.

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S1278-2011 Actions

• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jan 6, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S1278-2011 Memo

BILL NUMBER:S1278

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill provides for rent abatement where the landlord fails to make
repairs.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the real property actions and proceedings law by
adding a new section 757.

JUSTIFICATION:
Many tenants refuse to pay their rent because of rundown and
dilapidated conditions in their dwellings. This bill would allow the
court to provide rent abatement to tenants when landlords fail to
make necessary repairs to their property. Tenants should not have to
endure dangerous conditions in their homes and they should not have
to pay rent to a landlord who will not repair these conditions.

PRIOR LEGISLATIVE HISTORY:
2006: S.7069 (Duane), Died in Judiciary; A.9370 (Wright),
Died in Judiciary
2007: S.2310 (Duane), Died in Judiciary; A.596 (Wright),
Died in Judiciary
2008: S.2310 (Duane), Died in Judiciary; A.596 (Wright),
Died in Judiciary
2009: S.1440 (Duane), Died in Judiciary; A.1363 (Wright),
Died in Judiciary
2010: S.1440 (Duane), Died in Housing; A.1363 (Wright),
Died in Judiciary

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next Succeeding
the date on which it shall have become a law.

S1278-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1278

                         2011-2012 Regular Sessions

                              I N  SENATE

                               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:


    Section 1. The real property actions and proceedings law is amended by
  adding a new section 757 to read as follows:

    S 757. RENT ABATEMENT FOR FAILURE TO  MAKE  REPAIRS.  1.  UPON  PROPER
  PROOF  OF  THE  EXISTENCE  OF A CONDITION THAT IS, IN THE OPINION OF THE
  COURT, SUCH AS TO CONSTRUCTIVELY EVICT THE TENANT FROM A PORTION OF  THE
  PREMISES  OCCUPIED BY HIM OR HER, THE COURT SHALL STAY ANY PROCEEDING OR
  ACTION FOR RENT AND SHALL REDUCE ANY RENT DUE BY A FULL DAY'S  RENT  FOR
  EACH DAY THE CONDITION IS NOT REPAIRED.
    2. IF, IN THE OPINION OF THE COURT, THERE HAS BEEN PROPER PROOF OF THE
  EXISTENCE OF A CONDITION WHICH REDUCES THE HABITABILITY OF THE PREMISES,
  THE  COURT SHALL STAY ANY PROCEEDING OR ACTION FOR RENT AND SHALL REDUCE
  ANY RENT DUE BY A PERCENTAGE RANGING FROM TEN TO FIFTY PERCENT,  REPRES-
  ENTING,  IN  THE  OPINION  OF  THE  COURT, THE REDUCTION OF HABITABILITY
  CAUSED BY THE CONDITIONS IN NEED OF REPAIR, FOR EACH DAY  THE  CONDITION
  IS NOT REPAIRED.
    S 2. This act shall take effect on the first of November next succeed-
  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