Bill Text: NY A00604 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that with respect to apartments covered by rent control, rent stabilization, or the emergency tenant protection act, a landlord must be free of outstanding building code violations to bring an action or proceeding for rent or eviction; provides alternative provisions for disputed violations; requires tenants to pay rent into an interest bearing account to be maintained by the court during the pendency of the dispute over the violation; payments may be made from such account to cover utility bills and the making of necessary repairs if the dispute is resolved in favor of the tenant; provides that if such dispute is resolved in favor of the landlord, then he or she shall receive all such payments with interest thereon.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2016-01-06 - referred to housing [A00604 Detail]

Download: New_York-2015-A00604-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          604
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M. of A. ROSENTHAL, CLARK, GOTTFRIED, KAVANAGH, DINOWITZ
         -- Multi-Sponsored by -- M.  of  A.  COLTON,  FARRELL,  GLICK,  PERRY,
         ROBINSON, WRIGHT -- read once and referred to the Committee on Housing
       AN  ACT to amend the administrative code of the city of New York and the
         emergency tenant protection act of nineteen seventy-four, in  relation
         to  conditions  precedent  to  the  bringing  of  certain  actions  or
         proceedings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  26-412 of the administrative code of the city of
    2  New York is amended by adding a new subdivision g to read as follows:
    3    G. (1) IT SHALL BE UNLAWFUL FOR A  LANDLORD  TO  BRING  AN  ACTION  OR
    4  PROCEEDING  FOR  RENT OR EVICTION AGAINST A TENANT OR TENANTS OF HOUSING
    5  ACCOMMODATIONS THAT ARE SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR
    6  AN UNCURED, VIOLATION OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS  OF
    7  THE  LANDLORD IN ANY SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A
    8  CERTIFICATE FROM THE DEPARTMENT OF  BUILDINGS  STATING  WHETHER  OR  NOT
    9  THERE  ARE ANY SUCH OUTSTANDING VIOLATIONS. IN THE EVENT THAT A LANDLORD
   10  DISPUTES A VIOLATION, HE OR SHE SHALL SO STATE IN HIS OR  HER  PLEADINGS
   11  HIS OR HER REASONS FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE
   12  ACTION OR PROCEEDING.
   13    (2)  DURING THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
   14  OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED  TO
   15  THE  LANDLORD,  INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
   16  COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
   17  OR SHE SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH  INTEREST  THEREON.
   18  IF  THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD, SUCH
   19  PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
   20  AND THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD.  IN
   21  THE  EVENT  THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04062-01-5
       A. 604                              2
    1  FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN  ITS  DISCRETION,  APPLY
    2  FUNDS  IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
    3  ARE CURRENTLY PROVIDED BY THE LANDLORD,  AND  THE  MAKING  OF  NECESSARY
    4  REPAIRS  IN  THE  PRESENCE  OF  CONDITIONS  THAT THREATEN THE HEALTH AND
    5  WELFARE OF THE TENANT.
    6    S 2. The administrative code of the city of New  York  is  amended  by
    7  adding a new section 26-519.1 to read as follows:
    8    S  26-519.1  CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT SHALL
    9  BE UNLAWFUL FOR A LANDLORD TO BRING AN ACTION OR PROCEEDING FOR RENT  OR
   10  EVICTION  AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT ARE
   11  SUBJECT TO AN OUTSTANDING OFFICIAL CHARGE OF, OR AN  UNCURED,  VIOLATION
   12  OF  THE  BUILDING CODE. THE PLEADINGS OF THE LANDLORD IN ANY SUCH ACTION
   13  OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE  DEPARTMENT
   14  OF  BUILDINGS  STATING  WHETHER  OR  NOT  THERE ARE ANY SUCH OUTSTANDING
   15  VIOLATIONS. IN THE EVENT THAT A LANDLORD DISPUTES A VIOLATION, HE OR SHE
   16  SHALL SO STATE IN HIS OR HER PLEADINGS  HIS  OR  HER  REASONS  FOR  SUCH
   17  DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION OR PROCEEDING.
   18    B.  DURING  THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
   19  OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED  TO
   20  THE  LANDLORD,  INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
   21  COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
   22  OR SHE SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH  INTEREST  THEREON.
   23  IF  THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD, SUCH
   24  PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
   25  AND THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD.  IN
   26  THE  EVENT  THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
   27  FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN  ITS  DISCRETION,  APPLY
   28  FUNDS  IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
   29  ARE CURRENTLY PROVIDED BY THE LANDLORD,  AND  THE  MAKING  OF  NECESSARY
   30  REPAIRS  IN  THE  PRESENCE  OF  CONDITIONS  THAT THREATEN THE HEALTH AND
   31  WELFARE OF THE TENANT.
   32    S 3. Section 4 of chapter 576 of the laws of  1974,  constituting  the
   33  emergency  tenant protection act of nineteen seventy-four, is amended by
   34  adding a new section 12-b to read as follows:
   35    S 12-B. CONDITIONS PRECEDENT TO ACTION OR PROCEEDING. A. IT  SHALL  BE
   36  UNLAWFUL  FOR  A  LANDLORD  TO BRING AN ACTION OR PROCEEDING FOR RENT OR
   37  EVICTION AGAINST A TENANT OR TENANTS OF HOUSING ACCOMMODATIONS THAT  ARE
   38  SUBJECT  TO  AN OUTSTANDING OFFICIAL CHARGE OF, OR AN UNCURED, VIOLATION
   39  OF ANY APPLICABLE BUILDING CODE. THE PLEADINGS OF THE  LANDLORD  IN  ANY
   40  SUCH ACTION OR PROCEEDING SHALL BE ACCOMPANIED BY A CERTIFICATE FROM THE
   41  DEPARTMENT  OF  BUILDINGS  STATING  WHETHER  OR  NOT  THERE ARE ANY SUCH
   42  OUTSTANDING  VIOLATIONS.  IN  THE  EVENT  THAT  A  LANDLORD  DISPUTES  A
   43  VIOLATION,  HE  OR SHE SHALL SO STATE IN HIS OR HER PLEADINGS HIS OR HER
   44  REASONS FOR SUCH DISPUTE. HE OR SHE MAY THEN PROCEED WITH THE ACTION  OR
   45  PROCEEDING.
   46    B.  DURING  THE PENDENCY OF THE DISPUTE OVER THE VIOLATION, THE TENANT
   47  OR TENANTS SHALL PAY RENT, OR ANY JUDGMENT OR ORDER THEREFOR AWARDED  TO
   48  THE  LANDLORD,  INTO AN INTEREST BEARING ACCOUNT TO BE MAINTAINED BY THE
   49  COURT. IF THE DISPUTED VIOLATION IS RESOLVED IN THE LANDLORD'S FAVOR, HE
   50  OR SHE SHALL RECEIVE ALL SUCH PAYMENTS TOGETHER WITH  INTEREST  THEREON.
   51  IF  THE  DISPUTED  VIOLATION  IS  RESOLVED  AGAINST  THE  LANDLORD, SUCH
   52  PAYMENTS SHALL FIRST BE APPLIED TO FUNDING THE CURING OF SUCH VIOLATIONS
   53  AND THE BALANCE THEREOF, IF ANY, SHALL THEN BE PAID TO THE LANDLORD.  IN
   54  THE  EVENT  THAT A LANDLORD OR TENANT OR TENANTS ARE ABLE TO DEMONSTRATE
   55  FINANCIAL NECESSITY THEREFOR, THE COURT MAY, IN  ITS  DISCRETION,  APPLY
   56  FUNDS  IN ITS CUSTODY TO THE PAYMENT OF UTILITY BILLS, IF SUCH UTILITIES
       A. 604                              3
    1  ARE CURRENTLY PROVIDED BY THE LANDLORD,  AND  THE  MAKING  OF  NECESSARY
    2  REPAIRS  IN  THE  PRESENCE  OF  CONDITIONS  THAT THREATEN THE HEALTH AND
    3  WELFARE OF THE TENANT.
    4    S 4. This act shall take effect immediately; provided that:
    5    (a)  the  amendment  to  section 26-412 of the city rent and rehabili-
    6  tation law made by section one of this act shall remain  in  full  force
    7  and effect only so long as the public emergency requiring the regulation
    8  and control of residential rents and evictions continues, as provided in
    9  subdivision  3  of section 1 of the local emergency housing rent control
   10  act;
   11    (b) the addition of section 26-519.1 to the rent stabilization law  of
   12  nineteen hundred sixty-nine made by section two of this act shall expire
   13  on the same date as such law expires and shall not affect the expiration
   14  of such law as provided under section 26-520 of such law; and
   15    (c)  the  addition  of section 12-b to the emergency tenant protection
   16  act of nineteen seventy-four made by section three  of  this  act  shall
   17  expire  on  the  same  date as such act expires and shall not affect the
   18  expiration of such act as provided in section 17 of chapter 576  of  the
   19  laws of 1974, as amended.