Assembly Bill A2102

2019-2020 Legislative Session

Establishes tenants' right to offset rental payments by the cost of certain emergency repairs

download bill text pdf

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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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2019-A2102 (ACTIVE) - Details

See Senate Version of this Bill:
S2801
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1409
2011-2012: A507
2013-2014: A3475
2015-2016: A3898
2017-2018: A6875, S6253
2021-2022: A3778, S5908
2023-2024: S2902

2019-A2102 (ACTIVE) - Summary

Allows a tenant to offset against future rental payments the cost of certain emergency repairs a landlord is either unwilling or unable to correct within twenty-four hours of notice to the landlord of the need for such emergency repair, provided that the tenant provides landlord with itemized cost accounting of all emergency repairs made.

2019-A2102 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2102
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the real property law, in relation to tenants' right  to
   offset rental payments by the cost of certain emergency repairs
 
   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:
   §  235-H.  TENANT RIGHT TO OFFSET RENTAL PAYMENTS BY THE COST OF EMER-
 GENCY REPAIRS. 1. EVERY TENANT MAY OFFSET AGAINST  RENTAL  PAYMENTS  THE
 COST  OF MAKING EMERGENCY REPAIRS WHEN A LANDLORD IS EITHER UNWILLING OR
 UNABLE TO CORRECT THE SITUATION WITHIN TWENTY-FOUR HOURS. SUCH EMERGENCY
 REPAIRS SHALL INCLUDE:
   (A) BROKEN WINDOWS WHICH ALLOW THE MIGRATION OF OUTSIDE AIR  INTO  THE
 LIVING AREA OF A DWELLING DURING THE WINTER MONTHS.
   (B) BROKEN OR OTHERWISE INOPERABLE EXTERIOR SECURITY LOCKS.
   (C) BROKEN OR OTHERWISE INOPERABLE WATER CLOSETS.
   (D) REMOVAL OF OBSTRUCTIONS FROM SEWAGE LINES.
   (E)  BROKEN  OR OTHERWISE INOPERABLE PLUMBING LINES WHICH CAUSE INTER-
 RUPTION OF DELIVERY OF BOTH COLD AND HOT WATER SUPPLIES.
   (F) LEAKS OR OBSTRUCTIONS IN SUPPLY AND DELIVERY GAS LINES.
   2. THE TENANT SHALL MAKE A GOOD FAITH EFFORT TO CONTACT  THE  LANDLORD
 TO  NOTIFY HIM OF THE EMERGENCY SITUATION; AND IN THE EVENT THE LANDLORD
 DOES NOT RESPOND WITHIN TWENTY-FOUR HOURS  THE  TENANT  SHALL  HAVE  THE
 RIGHT  TO  MAKE  ALL  NECESSARY  EMERGENCY  REPAIRS,  AND MAY OFFSET THE
 REASONABLE COST THEREOF FROM FUTURE RENT. THE  TENANT  MUST  SECURE  AND
 PROVIDE  TO  THE  LANDLORD  AN ITEMIZED COST ACCOUNTING OF ALL EMERGENCY
 REPAIRS MADE.
   § 2.  This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06496-01-9

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