What's happening
This bill prohibits landlords from seeking rent or eviction if there are unresolved building code violations, with disputed rents held by the court until resolved.
Why it matters
Shifts leverage in tenant-landlord disputes. By making it illegal for landlords to seek rent or eviction when there are unaddressed building code violations, tenants gain stronger protection against retaliation or neglect, encouraging landlords to address safety and maintenance issues more promptly.
Creates a formal escrow mechanism in court. Disputed rent payments are held in an interest-bearing account managed by the court during violation disputes. This ensures tenants aren’t penalized for withholding rent due to unsafe conditions, while landlords still have a way to recover funds if violations are resolved in their favor.
Prioritizes health and safety repairs. If a violation dispute is resolved against the landlord, the withheld funds are first used to pay for curing the violations, directly supporting necessary repairs and improvements before any remaining balance goes to the landlord.
Addresses financial hardship and essential services. The court is given discretion to use escrowed funds to pay for utilities (if provided by the landlord) or urgent repairs if either party demonstrates financial necessity, helping to prevent situations where essential services are cut off or dangerous conditions persist during legal disputes.
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Who cares
Headline styles
No Evictions With Code Violations
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
3 Multi-sponsors
History
- Referred to housing
- 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.
No Evictions for Code Violations
In Senate Committee · Housing, Construction And Community Development · Sponsor Kevin S. Parker
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3212
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. ROSENTHAL, GOTTFRIED, KAVANAGH, DINOWITZ -- Multi-Sponsored by -- M. of A. COLTON, FARRELL, GLICK, PERRY -- read once and referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to conditions precedent to the bringing of certain actions or proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 26-412 of the administrative code of the city of New York is amended by adding a new subdivision g to read as follows:
g. (1) It shall be unlawful for a landlord to bring an action or proceeding for rent or eviction against a tenant or tenants of housing accommodations that are subject to an outstanding official charge of, or an uncured, violation of any applicable building code. The pleadings of the landlord in any such action or proceeding shall be accompanied by a certificate from the department of buildings stating whether or not there are any such outstanding violations. In the event that a landlord disputes a violation, he or she shall so state in his or her pleadings his or her reasons for such dispute. He or she may then proceed with the action or proceeding.
(2) During the pendency of the dispute over the violation, the tenant or tenants shall pay rent, or any judgment or order therefor awarded to the landlord, into an interest bearing account to be maintained by the court. If the disputed violation is resolved in the landlord's favor, he or she shall receive all such payments together with interest thereon. If the disputed violation is resolved against the landlord, such payments shall first be applied to funding the curing of such violations and the balance thereof, if any, shall then be paid to the landlord. In the event that a landlord or tenant or tenants are able to demonstrate financial necessity therefor, the court may, in its discretion, apply
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05339-01-7
A. 3212 2
funds in its custody to the payment of utility bills, if such utilities are currently provided by the landlord, and the making of necessary repairs in the presence of conditions that threaten the health and welfare of the tenant.
§ 2. The administrative code of the city of New York is amended by adding a new section 26-519.1 to read as follows:
§ 26-519.1 Conditions precedent to action or proceeding. a. It shall be unlawful for a landlord to bring an action or proceeding for rent or eviction against a tenant or tenants of housing accommodations that are subject to an outstanding official charge of, or an uncured, violation of the building code. The pleadings of the landlord in any such action or proceeding shall be accompanied by a certificate from the department of buildings stating whether or not there are any such outstanding violations. In the event that a landlord disputes a violation, he or she shall so state in his or her pleadings his or her reasons for such dispute. He or she may then proceed with the action or proceeding.
b. During the pendency of the dispute over the violation, the tenant or tenants shall pay rent, or any judgment or order therefor awarded to the landlord, into an interest bearing account to be maintained by the court. If the disputed violation is resolved in the landlord's favor, he or she shall receive all such payments together with interest thereon. If the disputed violation is resolved against the landlord, such payments shall first be applied to funding the curing of such violations and the balance thereof, if any, shall then be paid to the landlord. In the event that a landlord or tenant or tenants are able to demonstrate financial necessity therefor, the court may, in its discretion, apply funds in its custody to the payment of utility bills, if such utilities are currently provided by the landlord, and the making of necessary repairs in the presence of conditions that threaten the health and welfare of the tenant.
§ 3. Section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, is amended by adding a new section 12-b to read as follows:
§ 12-b. Conditions precedent to action or proceeding. a. It shall be unlawful for a landlord to bring an action or proceeding for rent or eviction against a tenant or tenants of housing accommodations that are subject to an outstanding official charge of, or an uncured, violation of any applicable building code. The pleadings of the landlord in any such action or proceeding shall be accompanied by a certificate from the department of buildings stating whether or not there are any such outstanding violations. In the event that a landlord disputes a violation, he or she shall so state in his or her pleadings his or her reasons for such dispute. He or she may then proceed with the action or proceeding.
b. During the pendency of the dispute over the violation, the tenant or tenants shall pay rent, or any judgment or order therefor awarded to the landlord, into an interest bearing account to be maintained by the court. If the disputed violation is resolved in the landlord's favor, he or she shall receive all such payments together with interest thereon. If the disputed violation is resolved against the landlord, such payments shall first be applied to funding the curing of such violations and the balance thereof, if any, shall then be paid to the landlord. In the event that a landlord or tenant or tenants are able to demonstrate financial necessity therefor, the court may, in its discretion, apply funds in its custody to the payment of utility bills, if such utilities are currently provided by the landlord, and the making of necessary
A. 3212 3
repairs in the presence of conditions that threaten the health and welfare of the tenant.
§ 4. This act shall take effect immediately; provided that:
(a) the amendment to section 26-412 of the city rent and rehabilitation law made by section one of this act shall remain in full force and effect only so long as the public emergency requiring the regulation and control of residential rents and evictions continues, as provided in subdivision 3 of section 1 of the local emergency housing rent control act;
(b) the addition of section 26-519.1 to the rent stabilization law of nineteen hundred sixty-nine made by section two of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law; and
(c) the addition of section 12-b to the emergency tenant protection act of nineteen seventy-four made by section three of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974, as amended.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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