BILL NUMBER: S2174
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the tax law, in relation to suspending imposition of the
compensating use tax on heating fuels for certain senior citizens
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill makes unlawful the practice of bringing eviction proceedings
for nonpayment of rent against tenant(s) if the building is in violation
of a building code.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 1115 of the tax law is amended by adding a new subdi-
vision (11)
Section 2: This act shall take effect immediately.
 
JUSTIFICATION:
It is not an uncommon practice for tenants to "rent-strike" if they feel
that there are gross violations of the building code. This bill would
protect tenants from being evicted during such rent withholding periods,
and at the same time protect landlords from frivolous rent strikes by
requiring that the court collect rents during the period of any disputed
violation. Thus, the bill is a fair compromise; granting each side
protection from and rights against the other. One advantage of this bill
(over current law) is the provision for the court to apply the monies in
the aforementioned account directly to remedy any (proved) violation.
This way the tenants are assured that reasons for their strike will no
longer exist and their concerns are met, while at the same time guaran-
teeing the landlord that the tenant will not live rent-free for months
and then move out.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S4851- Referred to Budget and Revenue
2021-22: S2930 - Referred to Budget and Revenue
2019/20 S3603 - REFERRED TO BUDGET AND REVENUE
2017/18 S3646 - Referred to Housing, Construction and Community Develop-
ment
2015-16: S.593/A.604 - Referred to Housing, Construction and Community
Development
2013-14: S.5438/A.505 - Referred CommunityHousing, Construction and
Development
A.4545 of 2009-2012
A.3986 of 2007-2008
A.5586 of 2005-2006
A.5775 of 2003-2004
A.4765 of 2001-2002
A.6615 of 1999-2000
A.2736 of 1997-1998
A.1754 of 1995-1996
A.3980 of 1993-1994
A.1300 of 1991-1992
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2174: 1115 tax law