Bill Text: NY A05240 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 5240 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Requires that the owner shall have fifteen days from the approximate or estimated completion date specified in the contract for inspection of contracted home improvements prior to final payment therefor.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-06-06 - amended on third reading 5240a [A05240 Detail]

Download: New_York-2011-A05240-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5240--A
                                                               Cal. No. 405
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2011
                                      ___________
       Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. CLARK,
         PERRY, J. RIVERA, WRIGHT -- read once and referred to the Committee on
         Consumer Affairs and  Protection  --  advanced  to  a  third  reading,
         amended  and  ordered  reprinted,  retaining its place on the order of
         third reading
       AN ACT to amend the general business law, in  relation  to  requiring  a
         reasonable  time  for inspection of home improvements made pursuant to
         contract
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 771 of the general business law is
    2  amended by adding two new paragraphs (i) and (j) to read as follows:
    3    (I)  A  NOTICE  TO  THE  OWNER  THAT,  IN  ADDITION  TO  ANY  RIGHT OF
    4  INSPECTION, THE OWNER SHALL HAVE FIFTEEN DAYS FROM  THE  APPROXIMATE  OR
    5  ESTIMATED COMPLETION DATE SPECIFIED IN THE CONTRACT WITHIN WHICH TO MAKE
    6  AN  INSPECTION  OF  THE  WORK  COMPLETED.  NO SCHEDULE OF PAYMENTS SHALL
    7  REQUIRE FINAL PAYMENT BE MADE PURSUANT TO THE CONTRACT UNTIL SUCH PERIOD
    8  OF INSPECTION HAS EXPIRED.
    9    (J) A NOTICE TO THE OWNER PURCHASING THE HOME IMPROVEMENT THAT  HE  OR
   10  SHE  SHALL  PAY  ONE-THIRD OF THE AGREED UPON CONSIDERATION FOR THE WORK
   11  AND MATERIALS AS A DOWN PAYMENT TO THE HOME IMPROVEMENT CONTRACTOR PRIOR
   12  TO THE COMMENCEMENT OF ANY WORK, ANOTHER ONE-THIRD OF  THE  AGREED  UPON
   13  CONSIDERATION ON THE FIRST DAY WORK IS COMMENCED AND THE FINAL ONE-THIRD
   14  OF  THE AGREED UPON CONSIDERATION TO BE PAID UPON THE COMPLETION OF SUCH
   15  WORK, PROVIDED HOWEVER, SUCH OWNER SHALL HAVE THE RIGHT TO WITHHOLD  THE
   16  FINAL  ONE-THIRD PAYMENT UNTIL THE FIFTEEN DAY PERIOD SPECIFIED IN PARA-
   17  GRAPH (I) OF THIS SUBDIVISION HAS ELAPSED.
   18    S 2. This act shall take effect immediately and  shall  apply  to  all
   19  home improvement contracts entered into on or after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06884-02-2