Amd §302-c, Mult Dwell L; amd §305-c, Mult Res L; amd §235, RP L
Allows tenants the right to offset rent with payments made for the repair or service maintenance of an oil fired or other heating device where reasonable efforts were made to notify the landlord of the heating failure, the agency used is reasonably engaged in the business of making such repairs and an itemized bill for such service is provided.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3156
SPONSOR: Rosenthal (MS) TITLE OF BILL:
An act to amend the multiple dwelling law, the multiple residence law
and the real property law, in relation to tenant's right to set off
against rent for payments made due to landlord's failure to supply heat
in certain cases
PURPOSE:
This bill enables tenants throughout New York State to have their oil
fired or other heating devices repaired or maintained when their land-
lord fails to do so.
SUMMARY OF SPECIFIC PROVISIONS:
Under existing law, tenants are allowed to offset part of their rent to
purchase fuel oil because of an owner's failure to supply this oil. This
bill would extend these provisions to allow tenants to contract for the
repair and maintenance of oil fired or other heating devices. Tenants
would be eligible to contract with a repair and maintenance service
agency, and would obtain documentation of work done from such agency to
back up any rent withholding claim. The Department which enforces these
provisions must:
1) Maintain a monthly index reflecting the range of prices charged for
emergency repair and maintenance of oil-fired and other heating devices,
in addition to the cost of parts, equipment and labor; and
2) Maintain and update a list of service agencies that have agreed to
provide services in such circumstances.
JUSTIFICATION:
The Multiple Dwelling Law and the New York City Housing Maintenance Code
already contain minimum heating requirements for the cold weather
months, and existing law provides tenants with the power to act in place
of a negligent landlord who fails to keep up the heating oil supply.
This bill would give similar and parallel protection against landlords
who fail to respond quickly to a breakdown in their heating system, and
give tenants the power to protect themselves from the threat to life and
health such breakdowns can cause, particularly among the aged, infirm,
and young children. Furthermore, buildings are often abandoned and
destroyed when pipes freeze and burst due to lack of heat.
LEGISLATIVE HISTORY:
2023-24: A.1099 - Referred to Housing
2021-22: A.3046 - Referred to Housing
2019-20: A.1310 - Referred to Housing
2017-18: A.4752 - Referred to Housing; S.2365 - Referred to Housing,
Construction and Community Development
2015-16: A.1009 - Referred to Housing; S.3609 - Referred to Housing,
Construction and Community Development
2013-14: A.696 - Referred to Housing; 5.1818 - Referred to Housing,
Construction and Community Development
2011-12: A.1461 - Referred to Housing; S.3120 - Referred to Housing,
Construction and Community Development
2009-10: A.4510 - Referred to Housing 2007-08: A.7415 - Referred to
Housing
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately.
