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

6 Co-sponsors

• Thomas K. Duane
• Shirley L. Huntley
• Hiram Monserrate
• George Onorato
• José M. Serrano
• Toby Ann Stavisky

Title of bill

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

Purpose

To give tenants in cities subject to the multiple dwelling law the right to repair hazardous violations in their buildings when the building owner fails to meet his or her obligations.

Summary of provisions

Tenants acting alone or together with other tenants in cities subject to the multiple dwelling law are given the right to repair hazardous violations in their buildings and deduct the cost of these repairs from their rents provided they comply with the following conditions: 1) Notice of the violation by certified mail, return receipt requested, is given to the landlord; and 2) (a) An immediately hazardous "C" violation has been certified by the New York City Department of Housing Preservation and Development (HPD), and seven days have passed since the tenants' written notice was offered for delivery to the landlord without completion of repairs or commencement of repairs and a provision in writing of a schedule for completion of repairs, or (b) A hazardous "B" violation has been certified by HPD and 14 days have passed since the tenant's written notice was offered for delivery to the landlord without completion of repairs by the landlord or commencement of repairs and a provision in writing of a schedule for completion of repairs. If a tenant or group of tenants repair a violation without hiring an outside contractor, they may deduct costs for materials. If a tenant or group of tenants hire an outside contractor to perform repairs they may deduct charges for materials and labor provided that reasonable efforts are made to have the repair work done by qualified workmen at prevailing rates. If a license to perform the repairs requested is required by law, a tenant or group of tenants must hire an outside licensed contractor. Tenants must receive a written statement itemizing charges for parts and labor. An individual tenant may deduct a maximum of one thousand dollars or two months rent, whichever is greater. Two or more tenants may deduct a maximum of three thousand dollars, or up to ten thousand dollars if additional notice and an itemized estimate is first given to the landlord.

Justification

Repair and deduct is a logical extension of the warranty of habitability. It provides an effective remedy for tenants whose landlords do not live up to their legal obligation to keep their premises in good repair. The proposed legislation requires certification of a hazardous violation by HPD and written notice to the landlord before repairs are undertaken. Thus, it assures violations exist, and that the landlord is given ample opportunity to correct the violation. Since many defects worsen over time, it is also in the economic interest of both the landlord and tenants to provide for prompt repair of building violations. The repair and deduct concept has been enacted by statute and judicial decision in more than 20 states. In New York, decisions have affirmed a tenant's right to repair and deduct where reasonable notice is given to the landlord and repairs are made at a reasonable cost. Legislation enacted in 1980 allows tenants to buy fuel, and deduct the cost from their rent, provided certain conditions are met. Thus, there is ample precedent for the repair and deduct remedy.

Legislative history

2002: S.6896 2003-04: S.3095 2005-06: S.1458 2007-08: S.3403

Fiscal implications

None.

Effective date

Immediately.