What's happening
This bill allows residential tenants to deduct water payments made due to a landlord's failure from their future rent.
Why it matters
Empowers tenants to ensure essential water service. By allowing tenants to deduct water payments from future rent if a landlord fails to pay, the bill gives tenants a practical tool to maintain access to water, a basic necessity, without being financially penalized for their landlord’s neglect.
Increases landlord accountability. The change creates a direct financial consequence for landlords who neglect their responsibility to pay for water service, incentivizing them to fulfill their obligations to avoid rent reductions.
Reduces risk of utility shutoffs and related hardships. Tenants can act quickly to prevent water shutoffs, which can pose serious health and safety hazards, especially for families, the elderly, and vulnerable populations.
Clarifies and expands tenant protections. The bill specifically names various types of water providers (public, private, municipal) and makes it clear that tenants in all residential rental situations are covered, closing loopholes and ensuring broader applicability.
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Who cares
Headline styles
Let Tenants Deduct Water Payments
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
2 Co-sponsors
History
- Substituted by A3190A
- Advanced to third reading
- 2nd report cal.
- 1st report cal.298
- Referred to judiciary
- Committed to rules
- Amended on third reading 3942a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.701
- 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 Water Costs
Signed by Governor · Sponsor Pamela J. Hunter
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3942--A Cal. No. 701
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sens. SEPULVEDA, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the real property law, in relation to allowing tenants to deduct water payments they make for deficient landlords from their rent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 235-a of the real property law, as amended by chapter 713 of the laws of 1981, is amended to read as follows:
1. In any case in which a residential tenant shall lawfully make a payment to a utility company pursuant to the provisions of sections thirty-three, thirty-four and one hundred sixteen of the public service law, or to a utility company as defined in subdivision twenty-three of section two of the public service law, public authority, water-works corporation, as defined in subdivision twenty-seven of section two of the public service law, or municipal water system, as prescribed in section eighty-nine-l of the public service law, for water service which a landlord is responsible for but has failed or refused to provide payment therefor, such payment shall be deductible from any future payment of rent.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04833-03-9
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 allowing tenants to deduct water payments they make for deficient land- lords from their rent
Purpose or general idea of bill
To aid tenants to deduct water and other utility payments from their rent, in cases where the landlord is responsible for making the payment is delinquent in doing so, especially to the point that service may be cut off.
Summary of provisions
Section 1 amends § 235-a of the Real Property Law to specifically enumerate utility and water payments as deductible from rent when the landlord is responsible for payments but has failed to meet that obli- gation.
Section 2 provides that the act will take effect immediately.
Difference between original and amended version (if applicable)
The amendments to this bill clarify that only residential tenants are authorized to make water payments on behalf of a delinquent landlord.
Existing lpn
§ 235-a of the Real Property Law does currently allow payments made by tenants on behalf of their landlord to be deducted from rent, but lacks the clarity necessary to be effective in practice.
Justification
Tenants who deduct water and utility payments from their rent are some- times subject to eviction proceedings for not paying the rent in full. While it is possible to argue against such an eviction in housing court, doing so requires access to legal resources that not all tenants have. This language would provide a clear and straightforward defense against eviction in these cases.
Prior legislative history
2017-18: S4846-A - referred to judiciary/ A5685-A - passed Assembly
Fiscal mmplications'for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.