What's happening
This bill prohibits landlords from seeking rent or eviction if there are outstanding building code violations, requiring disputed rent to be held in escrow until resolved.
Why it matters
Strengthens tenant leverage for repairs. By preventing landlords from seeking rent or eviction if there are unresolved building code violations, tenants gain significant power to ensure their living conditions are safe and legally compliant before facing potential loss of housing.
Creates a neutral escrow process. Requiring disputed rent to be paid into a court-managed, interest-bearing account protects both parties—landlords can't use eviction as leverage, and tenants can't simply withhold rent without accountability, ensuring funds are available for repairs or rightful landlord payment depending on the case outcome.
Prioritizes urgent repairs and basic services. The bill allows courts to use escrowed funds to pay for utilities or emergency repairs if health or safety is at risk, directly addressing situations where building neglect could endanger tenants.
Increases transparency and accountability. Landlords must provide an official certificate from the Department of Buildings regarding code violations when pursuing rent or eviction actions, making the legal process more transparent and reducing opportunities for landlords to ignore necessary repairs.
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No Evictions for Code Violations
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
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 With Code Violations
In Assembly Committee · Housing · Sponsor Linda Rosenthal
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3646
2017-2018 Regular Sessions
IN SENATE
January 25, 2017
Introduced by Sen. PARKER -- 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 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
S. 3646 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
S. 3646 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
This bill makes unlawful the practice of bringing eviction proceedings for nonpayment of rent against tenant(s) if the building is in violation of a building code.
Summary of specific provisions
Amends the administrative code of the City of New York to prevent a tenant or tenants from being evicted for nonpayment of rent if their building is in violation of the building code. If a landlord disputes the violation, the bill requires that the tenants in question pay their rent to an interest bearing account maintained by the court until the dispute is resolved. a) If the dispute is resolved in favor of the landlord, he or she shall be paid the monies from said account along with any interest accrued. b) If the violation is determined to be legitimate, the monies are to be used first to correct the violation, and the remainder, if any, given to the landlord along with any interest.
Justification
It is not an uncommon practice for tenants to "rent-strike" if they feel that there are gross violations of the building code. This bill would protect tenants from being evicted during such rent withholding periods, and at the same time protect landlords from frivolous rent strikes by requiring that the court collect rents during the period of any disputed violation. Thus, the bill is a fair compromise; granting each side protection from and rights against the other. One advantage of this bill (over current law) is the provision for the court to apply the monies in the aforementioned account directly to remedy any (proved) violation. This way the tenants are assured that reasons for their strike will no longer exist and their concerns are met, while at the same time guaranteeing the landlord that the tenant will not live rent-free for months and then move out.
Prior legislative history
2015-16: S.593/A.604 - Referred to Housing, Construction and Community Development 2013-14: S.5438/A.505 - Referred to Housing, Construction and Community Development A.4545 of 2009-2012 A.3986 of 2007-2008 A.5586 of 2005-2006 A.5775 of 2003-2004 A.4765 of 2001-2002 A.6615 of 1999-2000 A.2736 of 1997-1998 A.1754 of 1995-1996 A.3980 of 1993-1994 A.1300 of 1991-1992
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
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