Bill > H1284

This bill modifies existing law regarding the withholding of rent by allowing a landlord, at the time they are entitled to serve a notice to quit (a formal notice to a tenant to vacate a property) or commence a summary process action (a legal process to evict a tenant), to demand that the tenant pay all unpaid rent or use and occupancy charges that have accrued since the beginning of the sixth full calendar month before the notice was served, or a later date. This payment must be made within five business days of the notice or demand, with the exception that if the tenant's rent is subsidized by a government agency, they only need to pay their portion. The notice must specify which court the deposit should be made into, and the landlord must file a copy of the notice and proof of service with that court, initiating a separate action for the deposit. Tenants are required to continue paying accruing rent into court within three business days of its due date, unless they can deduct documented expenses for necessary repairs made to the property under a specific section of law. Either party can request a hearing if they believe the demanded or deposited amounts are incorrect, and the court will then determine the correct escrow amount and order its payment or refund. Failure by the tenant to comply with these deposit requirements will result in the dismissal of any defenses or counterclaims they might have in a related eviction case. The bill also outlines specific conditions under which a tenant can assert claims or defenses related to the property's condition, including requiring official certification of serious habitability violations and ensuring the tenant is not responsible for the damage.