Bill Text: NY A05665 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 5665 (Prior Session Legislation)

Introduced

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 4-0)

Status: (Introduced - Dead) 2016-05-24 - held for consideration in consumer affairs and protection [A05665 Detail]

Download: New_York-2015-A05665-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5665
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. CLARK,
         PERRY, RIVERA, WRIGHT -- read once and referred to  the  Committee  on
         Consumer Affairs and Protection
       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.
                                                                  LBD09239-01-5