BILL NUMBER: S4098
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to conditions precedent to the bringing of certain actions or
proceedings
 
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:
Amends the administrative code of the City of New York to prevent a
tenant or tenants from being evicted for nonpayment of rent if their
building is in violation of the building code. If a landlord disputes
the violation, the bill requires that the tenants in question pay their
rent to an interest bearing account maintained by the court until the
dispute is resolved. a) If the dispute is resolved in favor of the land-
lord, he or she shall be paid the monies from said account along with
any interest accrued. b) If the violation is determined to be legiti-
mate, the monies are to be used first to correct the violation, and the
remainder, if any, given to the landlord along with any interest.
 
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: S6769- Referred to Housing, Construction and Community Develop-
ment
2021-22: S.5278 - Referred to Housing, Construction and Community Devel-
opment
2019-20: S.4788 - Referred to Housing, Construction and Community Devel-
opment
2017-18: S.3646 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT
2015-16: S.593/A.604 - Referred to Housing, Construction and Community
Development
2013-14: S.5438/A.505 Referred to Housing, Construction and Community
Development
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4098: 711 real property actions and proceedings law, 711(2) real property actions and proceedings law, 741 real property actions and proceedings law