New York S 689: Provides an asbestos remediation tax credit

Bill Text

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S00689 Summary:

BILL NOS00689 

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SAME ASSAME AS A06092

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SPONSORMAY

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COSPNSR

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MLTSPNSR

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Add §235-bbb, RP L

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Provides that the existence of an infestation of pests in a premises occupied for dwelling purposes is a breach of the warranty of habitability, and requires a landlord to keep premises occupied for dwelling purposes free from an infestation of pests, prevent the reasonably foreseeable occurrence of such a condition and expeditiously remediate such condition and any underlying defect.

Go to top S00689 Actions:

BILL NOS00689 

&nbsp

01/08/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS00689 Committee&nbspVotes:

Go to topS00689 Floor&nbspVotes:

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

Go to topS00689 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 689

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the real property law, in relation to the responsibility
 of a landlord to remediate pest infestations

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

 1 Section 1. The real property law is amended by adding a new section
 2 235-bbb to read as follows:
 3 § 235-bbb. Remediation of pest infestations. 1. (a) The existence of
 4 an infestation of pests in a premises occupied for dwelling purposes is
 5 hereby declared to constitute a condition dangerous to health and a
 6 breach of the warranty of habitability for the purposes of section two
 7 hundred thirty-five-b of this article. A landlord shall keep premises
 8 occupied for dwelling purposes free from an infestation of pests, and
 9 shall prevent the reasonably foreseeable occurrence of such a condition
 10 and shall expeditiously remediate such condition and any underlying
 11 defect, when such underlying defect exists, consistent with the
 12 provisions of this section.
 13 (b) A landlord shall not be liable for a breach of the warranty of
 14 habitability pursuant to this section where such infestation of pests
 15 has been caused by a willful or intentional act of the tenant or lessee
 16 or persons under the tenant's or lessee's direction or control.
 17 2. (a) The landlord of premises occupied for dwelling purposes shall
 18 cause an investigation to be made for pests in all occupied dwelling
 19 units and in common areas as set forth in paragraph (b) of this subdivi-
 20 sion.
 21 (b) Investigations shall be undertaken by a landlord at least once a
 22 year and more often if necessary, such as when, in the exercise of
 23 reasonable care, such landlord knows or should have known of a condition
 24 that is reasonably foreseeable to cause an infestation of pests, or a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02327-01-5

 S. 689 2

 1 tenant makes a complaint concerning a condition that is likely to cause
 2 an infestation of pests or requests an inspection. A landlord shall
 3 maintain a record of each such investigation, the form and content of
 4 such records to be promulgated by the commissioner of health. Such
 5 records shall be retained for a period of at least five years after such
 6 investigation and shall be made available to the department of health
 7 upon request.
 8 (c) All leases offered to tenants or prospective tenants in such prem-
 9 ises occupied or to be occupied for dwelling purposes shall contain a
 10 notice, conspicuously set forth therein, which advises tenants of the
 11 obligations of the landlord and tenant as set forth in this section.
 12 3. When any premises occupied for dwelling purposes are subject to
 13 infestation by pests, the landlord shall use integrated pest management
 14 measures and eliminate conditions conducive to pests, and comply with
 15 the following work practices:
 16 (a) Inspect for, and physically remove pest nests, waste, and other
 17 debris by High-Efficiency Particulate Air (HEPA) vacuuming, washing
 18 surfaces, or otherwise collecting and discarding such debris;
 19 (b) Eliminate points of entry and passage