Permits tenants heat repair expense to be set off against rent

7 Co-sponsors

• Tony Avella
• Ruth Hassell-Thompson
• Brad Hoylman-Sigal
• Liz Krueger
• Velmanette Montgomery
• Bill Perkins
• José M. Serrano

BILL NUMBER:S3609

Title of bill

An act to amend the multiple dwelling law, the multiple residence law and the real property law, in relation to tenant's right to set off against rent for payments made due to landlord's failure to supply heat in certain cases

Purpose or general idea of bill

The purpose of this bill is to enable tenants throughout New York State to have their oil fired or other heating devices repaired or maintained when their landlord fails to do so.

Summary of specific provisions

Under existing law, tenants are allowed to offset part of their rent to purchase fuel oil because of an owner's failure to supply this oil. This bill would extend these provisions to allow tenants to contract for the repair and maintenance of oil fired or other heating devices. Tenants would be eligible to contract with a repair and maintenance service agency, and would obtain documentation of work done from such agency to back up any rent withholding claim. The Department which enforces these provisions must:

1) maintain a monthly index reflecting the range of prices charged for emergency repair and maintenance of oil-fired and other heating devices, in addition to the cost of parts, equipment and labor; and

2) maintain and update a list of service agencies that have agreed to provide services in such circumstances.

Effects of present law which this bill would alter

Amends Section 302-c of the Multiple Dwelling Law; 305-c of the Multiple Residence Law and Section 235 of the Real Property Law.

Justification

The Multiple Dwelling Law and the New York City Housing Maintenance Code already contain minimum heating requirements for the cold weather months, and existing law provides tenants with the power to act in place of a negligent landlord who fails to keep up the heating oil supply.

This bill would give similar and parallel protection against landlords who fail to respond quickly to a breakdown in their heating system, and give tenants the power to protect themselves from the threat to life and health such breakdowns can cause, particularly among the aged, infirm, and young children. Furthermore, buildings are often abandoned and destroyed when pipes freeze and burst due to lack of heat.

Prior legislative history

2007: 7415 Referred to Housing 2006: 7010 Assembly Third Reading Cal. 80 2005: 7010 Referred to Housing

2004: 4033 Referred to Housing 2003: 4033 Referred to Housing 2002: 4611 Ordered to Third Reading Rules Cal. 742 2001: 4611 Referred to Housing 2000: 1692 Referred to Housing 1999: 1692 Reported and Referred to Codes 1998: 870 Reported and Referred to Codes 1997: 870 Referred to Housing 1996: 2085 Housing 1995: 2085 Rules 1994: 2040 Assembly Calendar 1992: 1090 Housing 1990: 511 Third Reading Rules Cal. 1988: 1729-A Passed Assembly 1987: 1729 Passed Assembly 1986: 849 Passed Assembly 1985: 849 Passed Assembly 1984: 2890-A Ways & Means 1983: 2890 Rules

Fiscal implications for state and local governments

None.

Effective date

Immediately, with provisions.