What's happening
This bill allows tenants in New York to deduct the cost of certain emergency repairs from their rent if landlords fail to act within 24 hours.
Why it matters
Empowers tenants to address urgent safety and health hazards. such as broken locks, plumbing failures, or lack of heat and water—without waiting indefinitely for landlord action, reducing exposure to unsafe living conditions.
Creates a financial incentive for landlords to respond quickly. to emergency repair requests, since inaction will directly reduce their rental income and could result in higher costs if tenants hire outside help.
Establishes a clear, time-bound process. landlords have 24 hours to respond to emergencies, and tenants must make a good faith effort to notify them, ensuring the right to deduct repair costs is used responsibly rather than as a loophole.
Requires tenants to document repair expenses. and provide an itemized accounting to landlords, reducing the risk of disputes and promoting transparency in the use of this new right.
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Who cares
Headline styles
Let Tenants Deduct Repair Costs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to judiciary
- 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.
Let Tenants Deduct Emergency Repairs
In Assembly Committee · Judiciary · Sponsor Inez E. Dickens
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2801
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to tenants' right to offset rental payments by the cost of certain emergency repairs
Purpose or general idea of bill
This bill would extend the right tenants' already have, to deduct the cost of emergency fuel expenditures and heating plant repairs from their rent to cover the reasonable costs of specific repairs that require immediate remedy and threaten the life, health and safety of tenants when they are allowed to remain unrepaired longer than 24 hours.
Summary of specific provisions
Amends the Real Property Law to recognize the right of tenants to offset the cost of emergency repairs that require immediate remedy and threaten the life, health and safety of tenants when they are allowed to remain unrepaired longer than 24 hours by the landlord.
Justification
Often times, there are certain specific emergency repairs that must be made within a 24 hour period in order to protect the life, health and safety of tenants. Such repairs as broken windows, broken or inoperable security locks, broken or inoperable water closets, plugged sewage lines, loss of hot and cold water service and leaks in gas lines, are of such a character as to require immediate remedy. Many times, a tenant is unable to cause these emergency repairs to be made in a reasonable period of time because of the unavailability of the landlord.
Consequently the life, health and safety of tenants are often placed in jeopardy. This bill seeks to resolve this problem by simply allowing the tenants to have these specific repairs made and offsetting the reason- able cost of such repairs from rent if he makes a good faith effort to contact the landlord for at least 24 hours, and he provides the landlord with an itemized cost accounting for all emergency repairs made.
Prior legislative history
S 6253 COMRIE Same as A 6875 Dickens
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.