New York A 3156: Permits tenants heat repair expense to be set off against rent

Bill Text

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A03156 Summary:

BILL NOA03156 

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SAME ASNo Same As

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SPONSORRosenthal (MS)

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COSPNSRDinowitz, Raga

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MLTSPNSREpstein, Glick

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Amd §302-c, Mult Dwell L; amd §305-c, Mult Res L; amd §235, RP L

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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.

Go to top A03156 Actions:

BILL NOA03156 

&nbsp

01/23/2025referred to housing

01/07/2026referred to housing

Go to topA03156 Committee&nbspVotes:

Go to topA03156 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03156 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3156

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, DINOWITZ, RAGA -- Multi-Sponsored by
 -- M. of A. EPSTEIN, GLICK -- read once and referred to the Committee
 on Housing

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of section
 2 302-c of the multiple dwelling law, as added by chapter 85 of the laws
 3 of 1980, are amended to read as follows:
 4 1. Any tenant acting alone or together with other tenants of a multi-
 5 ple dwelling employing an oil fired or other heating device for which
 6 the owner is responsible and wherein there exists a lack of heat due to
 7 the owner's failure to repair or maintain the heating device or to have
 8 oil supplied to the premises, may contract and pay for the delivery of
 9 such oil or such maintenance or repairs, as the case may be, in accord-
 10 ance with the provisions of this section. Any payment so made shall be
 11 deductible from rent [providing] provided the following provisions have
 12 been substantially complied with by the tenant or someone acting on
 13 [his] such tenant's behalf:
 14 a. Reasonable efforts were made to contact the owner or [his] such
 15 owner's agent to inform the owner of such failure to repair or maintain
 16 the heating device or to supply oil.
 17 b. Reasonable efforts were made to have the normal repair and mainte-
 18 nance service agency undertake the same or to have the normal fuel
 19 supplier to the premises deliver the requested fuel, as the case may be.
 20 c. Delivery of fuel oil to the premises, if that be the case, was
 21 secured from a fuel supplier regularly engaged in such business at a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05846-01-5

 A. 3156 2

 1 price within the range of prices listed by the department in the index
 2 provided for in subdivision three of this section.
 3 d. Repairs or maintenance, if that be the case, to the heating device
 4 was secured from a service agency regularly engaged in such business at
 5 a price substantially similar to the prices listed by the department in
 6 the index provided for in subdivision four of this section.
 7 e. The repair and maintenance service agency or fuel supplier from
 8 whom service or oil is secured provided a written statement containing
 9 the following:
 10 (1) The name of the person or persons who requested the repair or
 11 maintenance service or delivery; and
 12 (2) The date, time of and premises to which the repair or maintenance
 13 service or delivery was made; and
 14 (3) [The] If oil was delivered, amount, grade and price of the oil
 15 [delivered]; and
 16 (4) [A] If oil was delivered, certification that the usable fuel
 17 supply before the delivery was exhausted; and
 18 (5) If repair or maintenance service was provided, the separate charg-
 19 es for equipment and parts used and labor expended, itemized and sepa-
 20 rately stated; and
 21 (6) The charge, if any, for refiring the burner; and