Assembly Bill A2605

2011-2012 Legislative Session

Requires all residential leases to disclose tenants' rights

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A2605 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L; add §85, Mult Dwell L; add §305-b, Mult Res L; add §784, RPAP L; add §5-907, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2996
2013-2014: A2579
2015-2016: A3135
2017-2018: A3788
2019-2020: A2964
2021-2022: A6825
2023-2024: A1881

2011-A2605 (ACTIVE) - Summary

Provides that all residential leases shall contain a detailed description of tenant's statutory rights including among others, warranty of habitability, willful violation of lease, right to participate in tenants' associations, no eviction for good faith complaint, utility payment offset and sublet rights; grants tenant the right to install extra locks; sets out landlord obligations with respect to heating and oil delivery.

2011-A2605 (ACTIVE) - Bill Text download pdf

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

                                  2605

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced by M. of A. ROBINSON -- Multi-Sponsored by -- M. of A. MAYER-
  SOHN, TOWNS -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend the real property law, the multiple dwelling law, the
  multiple residence law, the real property actions and proceedings  law
  and the general obligations law, in relation to requiring all residen-
  tial leases to disclose tenants' rights

  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.    STANDARD LEASE CLAUSE. 1. EVERY WRITTEN RESIDENTIAL LEASE
SHALL CONTAIN THE FOLLOWING CLAUSES:
  A. "WARRANTY OF HABITABILITY". THE LANDLORD PROMISES THAT  THE  APART-
MENT  AND  BUILDING  ARE  FIT  TO LIVE IN AND NOT DANGEROUS TO THE LIFE,
HEALTH OR SAFETY OF THE OCCUPANTS.  UNLESS  THE  APARTMENT  OR  BUILDING
BECOMES  UNFIT  TO  LIVE  IN  DUE TO THE MISCONDUCT OF THE TENANT OR THE
TENANT'S FAMILY OR GUESTS, THE LANDLORD WILL BE HELD RESPONSIBLE IF THIS
PROMISE IS BROKEN, EVEN IF IT IS NOT HIS FAULT.
  CONDITIONS WHICH WOULD VIOLATE  THIS  PROMISE  INCLUDE,  BUT  ARE  NOT
LIMITED TO: INSECT OR RODENT INFESTATION, INSUFFICIENT HEAT AND PLUMBING
FACILITIES,  SIGNIFICANTLY  DANGEROUS  ELECTRICAL OUTLETS OR WIRING, AND
INADEQUATE SANITATION FACILITIES.
  IF THE PROMISE IS VIOLATED, THE TENANT MAY WITHHOLD FROM RENT THE LOSS
IN THE VALUE OF THE APARTMENT DUE TO THE VIOLATION.
  B. "WILLFUL VIOLATION OF LEASE". IF THE LANDLORD OR  HIS  EMPLOYEE  OR
AGENT  INTENTIONALLY VIOLATES A PROVISION OF THIS LEASE OR INTENTIONALLY
INTERFERES WITH THE TENANT'S QUIET ENJOYMENT OF THE APARTMENT, THE LAND-
LORD IS GUILTY OF A CRIMINAL OFFENSE.
  C. "TENANT'S ASSOCIATIONS". THE TENANT HAS THE RIGHT TO  ORGANIZE  AND
PARTICIPATE  IN  THE  ACTIVITIES OF ANY GROUP OR ASSOCIATION OF TENANTS.
TENANT GROUPS HAVE THE LEGAL RIGHT TO MEET IN COMMON AREAS OF THE BUILD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00242-01-1
              

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