S 4347: Allows a tenant to offset against future rental payments the cost of certain emergency repairs a landlord is either unwilling or unable to correct within twenty-four hours of notice to the landlord of the need for such emergency repair, provided that the tenant provides landlord with itemized cost accounting of all emergency repairs made.

  
  STATE OF NEW YORK ________________________________________________________________________ 4347 2025-2026 Regular Sessions  IN SENATE February 4, 2025 ___________ Introduced by Sen. COMRIE -- 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 tenants' right to offset rental payments by the cost of certain emergency repairs 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-k to read as follows: 3 § 235-k. Tenants' right to offset rental payments by the cost of emer- 4 gency repairs. 1. Every tenant may offset against rental payments the 5 cost of making emergency repairs when a landlord is either unwilling or 6 unable to correct the situation within twenty-four hours. Such emergency 7 repairs shall include: 8 (a) Broken windows which allow the migration of outside air into the 9 living area of a dwelling during the winter months. 10 (b) Broken or otherwise inoperable exterior security locks. 11 (c) Broken or otherwise inoperable water closets. 12 (d) Removal of obstructions from sewage lines. 13 (e) Broken or otherwise inoperable plumbing lines which cause inter- 14 ruption of delivery of both cold and hot water supplies. 15 (f) Leaks or obstructions in supply and delivery gas lines. 16 2. The tenant shall make a good faith effort to contact the landlord 17 to notify him or her of the emergency situation; and in the event the 18 landlord does not respond within twenty-four hours the tenant shall have 19 the right to make all necessary emergency repairs, and may offset the 20 reasonable cost thereof from future rent. The tenant shall secure and 21 provide to the landlord an itemized cost accounting of all emergency 22 repairs made. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05626-01-5