Actions

Memo

BILL NUMBER:S26

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 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 Judiciary; 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.

Text

STATE OF NEW YORK
________________________________________________________________________

26

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced by Sen. ESPAILLAT -- 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.
                                                           LBD00700-01-3