Assembly Bill A4242

2023-2024 Legislative Session

Permits tenants in certain cities to take a rental offset for repair of hazardous conditions

download bill text pdf

Sponsored By

Current 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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2023-A4242 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Multiple Dwelling Law
Laws Affected:
Add §302-d, Mult Dwell L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7329
2017-2018: A5040
2019-2020: A7031
2021-2022: A4379

2023-A4242 (ACTIVE) - Summary

Provides that in cities with a population of one million or more, a tenant or group of tenants, after proper notice to the landlord of the existence of a hazardous violation of housing codes and certification of the existence of such violation by the local agency charged with enforcement of housing codes, may contract for the repair of such condition and offset the price of such repair from his rental payments if the landlord fails to commence work to correct the condition within a certain period after notice is received.

2023-A4242 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4242
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the multiple dwelling law, in relation to the  right  of
   tenants  to  offset  payments  for  repairs of hazardous conditions in
   certain cases in cities subject to such law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 302-d to read as follows:
   § 302-D. RIGHT OF TENANT TO OFFSET PAYMENTS FOR REPAIRS  OF  HAZARDOUS
 CONDITIONS;  CERTAIN  CASES.  1. AS USED IN THIS SECTION, UNLESS ANOTHER
 MEANING CLEARLY APPEARS FROM THE CONTEXT:
   A. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OR AGENCY OF A CITY  WITH  A
 POPULATION  OF  ONE  MILLION OR MORE THAT IS CHARGED WITH ENFORCEMENT OF
 HOUSING LAWS;
   B. "HAZARDOUS VIOLATION" SHALL MEAN A VIOLATION OF THIS  CHAPTER,  THE
 CITY  HOUSING  MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE EXECUTIVE LAW
 OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERETO IDENTIFIED  OR
 CLASSIFIED  BY  THE  CITY AS HAZARDOUS TO THE LIFE, HEALTH AND SAFETY OF
 THE OCCUPANTS OF A DWELLING;
   C. "IMMEDIATELY HAZARDOUS VIOLATION" SHALL MEAN A  VIOLATION  OF  THIS
 CHAPTER,  THE  CITY  HOUSING MAINTENANCE CODE OR ARTICLE EIGHTEEN OF THE
 EXECUTIVE LAW OR THE RULES AND REGULATIONS PROMULGATED PURSUANT  THERETO
 IDENTIFIED  OR  CLASSIFIED  BY  THE CITY AS IMMEDIATELY HAZARDOUS TO THE
 LIFE, HEALTH AND SAFETY OF THE OCCUPANTS OF A DWELLING;
   D. "CITY" SHALL MEAN A CITY TO WHICH THIS CHAPTER APPLIES.
   2. IN A CITY, ANY TENANT ACTING ALONE OR TOGETHER WITH  OTHER  TENANTS
 IN  A MULTIPLE DWELLING, WHEREIN THERE EXISTS A CONDITION CONSTITUTING A
 HAZARDOUS OR IMMEDIATELY HAZARDOUS VIOLATION, MAY CONTRACT AND  PAY  FOR
 THE  REPAIR  OF SUCH CONDITION IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08989-01-3
              

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