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NY A04379

Bill

Status

Introduced

2/4/2021

Primary Sponsor

Daniel O'Donnell

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Tenants in cities with populations of one million or more may contract for repairs of hazardous or immediately hazardous housing violations and deduct costs from rent after providing certified mail notice to landlord and waiting the required period.

  • For immediately hazardous violations, tenants must wait seven days after postal notice delivery without landlord repair commencement; for hazardous violations, the waiting period is thirty days.

  • Individual tenants may deduct up to $1,000 or two months' rent (whichever is greater); multiple tenants acting together may deduct up to $3,000, or $10,000 if they provide a qualified repair estimate and landlord fails to respond within eight days.

  • Tenants hiring outside contractors must use licensed contractors where required by law and pay prevailing rates; all repair work requires itemized bills and must comply with specified contractor licensing requirements.

  • Tenants acting in good faith under this section are protected from eviction for nonpayment related to rent deductions and may recover attorney's fees if landlord pursues possession actions; any tenant waiver of these rights is void.

Legislative Description

Provides that in cities with a population of one million or more, a tenant or group of tenants, after proper notice to the landlord of the existence of a hazardous violation of housing codes and certification of the existence of such violation by the local agency charged with enforcement of housing codes, may contract for the repair of such condition and offset the price of such repair from his rental payments if the landlord fails to commence work to correct the condition within a certain period after notice is received.

Last Action

referred to housing

1/5/2022

Committee Referrals

Housing2/4/2021

Full Bill Text

No bill text available