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A414Assembly2009-2010 SessionSame asS3858

Grants tenants right to withhold portion of rent for failure of landlord to provide heat

Sponsor Brian KavanaghAD-74+1 co-sponsorAffects Housing
Status
In Assembly Committee
Housing
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Housing

What's happening

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Who cares

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Sponsors

Primary sponsor
Brian Kavanagh

Assembly Member · Assembly District 74

1 Co-sponsor

History

  1. Referred to housing
  2. Referred to housing

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3858Senate

Grants tenants right to withhold portion of rent for failure of landlord to provide heat

In Senate Committee · Judiciary · Sponsor Liz Krueger

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A414

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 fail- ure 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 indi- viduals 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 with- hold 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

2008: a.8226 (Kavanagh) - Housing 2007: a.8226 (Kavanagh) - Housing

Fiscal implications

None.

Effective date

This act shall take effect immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.