Bill Text: NY A00225 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the installation of radiator covers.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2016-06-06 - reported referred to rules [A00225 Detail]

Download: New_York-2015-A00225-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          225
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. ROSENTHAL, FAHY, JAFFEE, BROOK-KRASNY, McDONALD,
         PERRY -- read once and referred to the Committee on Housing
       AN ACT to amend the real property law, in relation to  the  installation
         of radiator covers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 235-b of the real property law, as added by chapter
    2  597 of the laws of 1975, subdivision 3 as amended by chapter 403 of  the
    3  laws  of 1983, paragraph (c) of subdivision 3 as added by chapter 116 of
    4  the laws of 1997, is amended to read as follows:
    5    S 235-b. Warranty of habitability. 1. In every written or  oral  lease
    6  or  rental  agreement  for  residential  premises the landlord or lessor
    7  shall be deemed to covenant and warrant that the premises so  leased  or
    8  rented  and  all areas used in connection therewith in common with other
    9  tenants or residents are fit for  human  habitation  and  for  the  uses
   10  reasonably  intended by the parties and that the occupants of such prem-
   11  ises shall not be subjected to any conditions which would be  dangerous,
   12  hazardous  or detrimental to their life, health or safety. When any such
   13  condition has been caused by the misconduct of the tenant or  lessee  or
   14  persons under his direction or control, it shall not constitute a breach
   15  of such covenants and warranties.
   16    2.  (A)  IF A CHILD OF AGE TWELVE OR YOUNGER RESIDES WITHIN A TENANT'S
   17  DWELLING A LANDLORD SHALL, AT THE WRITTEN  REQUEST  OF  THE  TENANT,  BE
   18  RESPONSIBLE  FOR  THE  INSTALLATION OF A RADIATOR COVER ON ANY UNCOVERED
   19  RADIATOR THAT: CARRIES STEAM, WATER, OR  OTHER  FLUIDS  AT  TEMPERATURES
   20  EXCEEDING  ONE  HUNDRED SIXTY-FIVE DEGREES FAHRENHEIT; ARE NOT CURRENTLY
   21  COVERED IN A MANNER THAT ENSURES  THAT  THE  TEMPERATURE  OF  THE  OUTER
   22  SURFACE  DOES  NOT  EXCEED  ONE HUNDRED NINE DEGREES FAHRENHEIT; AND ARE
   23  LOCATED IN THE TENANT'S DWELLING. THE LANDLORD SHALL  HAVE  NINETY  DAYS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04029-01-5
       A. 225                              2
    1  AFTER  RECEIPT OF SUCH WRITTEN REQUEST TO COMPLETE THE INSTALLATION OF A
    2  RADIATOR COVER OR COVERS.
    3    (B)  ANY FAILURE OF THE LANDLORD TO INSTALL A RADIATOR COVER, PURSUANT
    4  TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE  DEEMED  TO  SUBJECT  THE
    5  OCCUPANTS  OF THE DWELLING TO CONDITIONS DANGEROUS, HAZARDOUS, OR DETRI-
    6  MENTAL TO THEIR LIFE, HEALTH, OR SAFETY. IN ANY CASE IN WHICH  A  TENANT
    7  SHALL  MAKE  A PAYMENT IN ORDER TO INSTALL A REQUESTED RADIATOR COVER OR
    8  COVERS, FOLLOWING THE FAILURE OF THE LANDLORD  TO  INSTALL  SUCH  COVERS
    9  WITHIN  NINETY DAYS OF RECEIVING A WRITTEN REQUEST PURSUANT TO PARAGRAPH
   10  (A) OF THIS SUBDIVISION, THE TENANT MAY DEDUCT FROM THE RENT THE REASON-
   11  ABLE COST FOR THE INSTALLATION AND SHALL NOT BE LIABLE FOR  EVICTION  ON
   12  THE GROUND OF THAT DEDUCTION.
   13    3.  Any agreement by a lessee or tenant of a dwelling waiving or modi-
   14  fying his rights as set forth in this section shall be void as  contrary
   15  to public policy.
   16    [3]  4.  In determining the amount of damages sustained by a tenant as
   17  a result of a breach of the warranty  set  forth  in  the  section,  the
   18  court[;]:
   19    (a) need not require any expert testimony; [and]
   20    (b)  shall,  to the extent the warranty is breached or cannot be cured
   21  by reason of a strike or other labor dispute which is not caused  prima-
   22  rily by the individual landlord or lessor and such damages are attribut-
   23  able  to  such  strike,  exclude  recovery to such extent, except to the
   24  extent of the net savings, if any, to the landlord or lessor  by  reason
   25  of  such  strike  or  labor  dispute allocable to the tenant's premises,
   26  provided, however, that the landlord or [lesser] LESSOR has made a  good
   27  faith attempt, where practicable, to cure the breach[.]; AND
   28    (c)  where the premises is subject to regulation pursuant to the local
   29  emergency housing rent control law, the emergency tenant protection  act
   30  of nineteen seventy-four, the rent stabilization law of nineteen hundred
   31  sixty-nine  or  the  city rent and rehabilitation law, reduce the amount
   32  awarded hereunder by the total amount of any rent reduction  ordered  by
   33  the  state  division  of  housing and community renewal pursuant to such
   34  laws or act, awarded to the tenant, from the effective date of such rent
   35  reduction order, that relates to one or more matters for which relief is
   36  awarded hereunder.
   37    S 2. This act shall take effect on the ninetieth day  after  it  shall
   38  have become a law.