Grants tenants right to withhold one-tenth of one month's rent for each day the owner of a multiple dwelling fails to provide heat during winter months, from November to March, where the landlord is given 24 hours notice of insufficient heat.
TITLE OF BILL: An act to amend the real property law, in relation to the right of tenants to withhold rent payments for the landlord's failure to provide heat
PURPOSE: This bill provides a legal basis for the tenant to withhold rent from the landlord if the warranty of habitability is breached.
JUSTIFICATION: There is a long-held belief in this country that individuals should get what they pay for. In commercial law, if you do not receive what you are promised in a contract, you are entitled to withhold payment for service or materials ordered. But this basic right does not exist in landlord-tenant law. Even the Warranty of Habitability Law does not explicitly allow the tenant, on his own to deduct rent. This bill provides a legal basis for the tenant to withhold rent from the landlord if the warranty of habitability is breached.
LEGISLATIVE HISTORY: 2002: S.6960 2003-04: S.3093 2005-06: S.1457 2007-08: S.3402 2009-10: S.3858 - A.414 Kavanagh
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3168 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________Introduced by Sens. KRUEGER, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary AN ACT to amend the real property law, in relation to the right of tenants to withhold rent payments for the landlord's failure to provide heat THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property law is amended by adding a new section 235-h to read as follows: S 235-H. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF ANY OWNER OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT TO THE TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN- TY-FOUR HOURS OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS OR HER AGENT, EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING INSUF- FICIENT HEAT DURING THE MONTHS OF NOVEMBER THROUGH MARCH, THE TENANT SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR HER RENT PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE FAILED TO PROVIDE HEAT. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01792-01-3