N.Y. Real Property Law 235-A – Tenant right to offset payments and entitlement to damages in certain cases
§ 235-a. Tenant right to offset payments and entitlement to damages in certain cases. 1. In any case in which a residential tenant shall lawfully make a payment to a utility company pursuant to the provisions of sections thirty-three, thirty-four and one hundred sixteen of the public service law, or to a utility company as defined in subdivision twenty-three of § 2 of the public service law, public authority, water-works corporation, as defined in subdivision twenty-seven of § 2 of the public service law, or municipal water system, as prescribed in § 89-l of the public service law, for water service which a landlord is responsible for but has failed or refused to provide payment therefor, such payment shall be deductible from any future payment of rent.
Terms Used In N.Y. Real Property Law 235-A
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Any owner (as defined in the multiple dwelling law or multiple residence law) of a multiple dwelling responsible for the payment of charges for gas, electric, steam or water service who causes the discontinuance of that service by failure or refusal to pay the charges for past service shall be liable for compensatory and punitive damages to any tenant whose utility service is so discontinued.
* 3. Nothing contained in this § of the real property tax law from taxes levied on such interest.
* NB (Effective pending ruling by Commissioner of Internal Revenue)