What's happening
This bill allows courts to reduce or withhold rent when landlords fail to make necessary repairs affecting habitability.
Why it matters
Strengthens tenant protections by giving courts clear authority to reduce or withhold rent when landlords neglect repairs. , potentially making it easier for tenants to seek meaningful relief rather than just reporting violations.
Creates a financial incentive for landlords to address repairs quickly. , since rent can be reduced by the full amount for severe conditions (constructive eviction) or by 10–50% for less severe but still habitability-reducing issues.
Introduces judicial discretion and proportionality. in rent reductions, allowing courts to tailor remedies to the seriousness of the problem and duration of neglect, which could lead to fairer outcomes for both tenants and landlords.
Could encourage greater accountability in the rental market. by establishing a formal process for rent abatement, making it riskier for landlords to ignore maintenance and habitability issues.
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Who cares
Headline styles
Court-Ordered Rent Reductions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2149
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the real property actions and proceedings law, in relation to the abatement of rent where the landlord fails to make repairs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property actions and proceedings law is amended by adding a new section 757 to read as follows:
§ 757. Rent abatement for failure to make repairs. 1. Upon proper proof of the existence of a condition that is, in the opinion of the court, such as to constructively evict the tenant from a portion of the premises occupied by him or her, the court shall stay any proceeding or action for rent and shall reduce any rent due by a full day's rent for each day the condition is not repaired.
2. If, in the opinion of the court, there has been proper proof of the existence of a condition which reduces the habitability of the premises, the court shall stay any proceeding or action for rent and shall reduce any rent due by a percentage ranging from ten to fifty percent, representing, in the opinion of the court, the reduction of habitability caused by the conditions in need of repair, for each day the condition is not repaired.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05716-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property actions and proceedings law, in relation to the abatement of rent where the landlord fails to make repairs
Purpose or general idea of bill
This bill provides for rent abatement where the landlord fails to make repairs.
Summary of specific provisions
This bill amends the real property actions and proceedings law by adding a new section 757.
Justification
Many tenants refuse to pay their rent because of rundown and dilapidated conditions in their dwellings. This bill would allow the court to provide rent abatement to tenants when landlords fail to make necessary repairs to their property. Tenants should not have to endure dangerous conditions in their homes and they should not have to pay rent to a landlord who will not repair these conditions.
Prior legislative history
2006: S.7069 (Duane), Died in Judiciary 2007: S.2310 (Duane), Died in Judiciary; A.596 (Wright), Died in Judiciary 2008: S.2310 (Duane), Died in Judiciary;A.596 (Wright), Died in Judiciary 2009: S.1440 (Duane), Died in Judiciary;A.1363 (Wright), Died in Judiciary 2010: S.1440 (Duane), Died in Judiciary;A.1363 (Wright), Died in Judiciary 2015-2016: referred to housing, construction and community development
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the first of November next Succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.