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A2102Assembly2019-2020 SessionSame asS2801

Let Tenants Deduct Emergency Repairs

Official title

“Establishes tenants' right to offset rental payments by the cost of certain emergency repairs”

Sponsor Inez E. DickensAD-70Affects Legal
Status
In Assembly Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows tenants to deduct the cost of certain emergency repairs from rent if the landlord fails to act within 24 hours.

Why it matters

  1. Empowers tenants to act quickly. Tenants can address urgent problems (like broken locks, plumbing failures, or no heat) themselves if the landlord doesn’t respond within 24 hours, reducing the time they are exposed to unsafe or unhealthy conditions.

  2. Limits financial burden on tenants. By allowing tenants to deduct repair costs from their rent, the law helps ensure that tenants aren’t forced to pay out-of-pocket for emergency fixes that are the landlord’s responsibility.

  3. Defines what counts as an emergency. The bill lists specific emergencies (e.g., broken windows in winter, inoperable toilets, gas or water supply issues), clarifying when the right to deduct applies and potentially preventing abuse by both tenants and landlords.

  4. Requires transparency and documentation. Tenants must make a good-faith effort to notify the landlord and provide an itemized accounting of repair costs, establishing a clear process and paper trail for both parties in case of disputes.

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Who cares

  • Residential tenants

    The bill would let tenants deduct reasonable emergency repair costs from future rent after a good-faith effort to notify the landlord and no response within 24 hours.

  • Landlords

    Landlords would face rent offsets for qualifying emergency repairs they are unwilling or unable to address within 24 hours, with tenants required to provide itemized costs.

  • Plumbers, locksmiths and window repair contractors

    Their work could qualify for tenant-paid repairs offset against rent, including repairs to inoperable toilets, exterior security locks and windows that admit outside air during winter.

Headline styles

Let Tenants Deduct Emergency Repairs

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Inez E. Dickens

Assembly Member · Assembly District 70

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

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.

S2801Senate

Let Tenants Deduct Repair Costs

In Senate Committee · Judiciary · Sponsor Leroy Comrie

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2102

2019-2020 Regular Sessions

IN ASSEMBLY

January 22, 2019

Introduced by M. of A. DICKENS -- read once and referred to the Committee on Judiciary

AN ACT to amend the real property law, in relation to tenants' right to offset rental payments by the cost of certain emergency repairs

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The real property law is amended by adding a new section 235-h to read as follows:

§ 235-h. Tenant right to offset rental payments by the cost of emergency repairs. 1. Every tenant may offset against rental payments the cost of making emergency repairs when a landlord is either unwilling or unable to correct the situation within twenty-four hours. Such emergency repairs shall include:

(a) Broken windows which allow the migration of outside air into the living area of a dwelling during the winter months.

(b) Broken or otherwise inoperable exterior security locks.

(c) Broken or otherwise inoperable water closets.

(d) Removal of obstructions from sewage lines.

(e) Broken or otherwise inoperable plumbing lines which cause interruption of delivery of both cold and hot water supplies.

(f) Leaks or obstructions in supply and delivery gas lines.

2. The tenant shall make a good faith effort to contact the landlord to notify him of the emergency situation; and in the event the landlord does not respond within twenty-four hours the tenant shall have the right to make all necessary emergency repairs, and may offset the reasonable cost thereof from future rent. The tenant must secure and provide to the landlord an itemized cost accounting of all emergency repairs made.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06496-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.