Bill S26-2013

Provides for court-ordered rent abatement where the landlord fails to make repairs

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

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.

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