S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8150

                            I N  S E N A T E

                              June 11, 2010
                               ___________

Introduced  by  Sens.  KRUEGER,  DeFRANCISCO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

AN  ACT  to amend the real property law, in relation to the visitability
  of new homes by persons with disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding a new article 15
to read as follows:
                               ARTICLE 15
                    VISITABILITY OF NEW CONSTRUCTION
SECTION 480. PURPOSE.
        481. APPLICABILITY OF NEW CONSTRUCTION.
        482. VISITABILITY REQUIREMENT.
        483. EXCLUSION.
        484. ENFORCEMENT.
  S  480.  PURPOSE.  THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH MINIMUM
REGULATIONS FOR THE DESIGN AND CONSTRUCTION  OF  NEW  HOMES  TO  PROVIDE
VISITABILITY TO SUCH HOMES BY PERSONS WITH DISABILITIES.
  S  481. APPLICABILITY OF NEW CONSTRUCTION. ANY NEW DWELLING UNIT WHICH
WAS DESIGNED, CONSTRUCTED,  OR  COMMISSIONED,  CONTRACTED  OR  OTHERWISE
ARRANGED FOR DESIGN OR CONSTRUCTION, BY ANY PERSON OR ENTITY WHO, AT ANY
TIME  DURING THE COMMISSIONING DESIGN OR CONSTRUCTION, RECEIVED NEW YORK
STATE OR FEDERAL FINANCIAL ASSISTANCE FOR SUCH  DESIGN  OR  CONSTRUCTION
SHALL  COMPLY  WITH  THE  PROVISIONS OF THIS ARTICLE.  FEDERAL FINANCIAL
ASSISTANCE SHALL NOT INCLUDE LOANS BACKED BY FEDERAL  NATIONAL  MORTGAGE
ASSOCIATION (FANNIE MAE) OR FEDERAL HOUSING ADMINISTRATION (FHA) FINANC-
ING  OR  OTHER MORTGAGE LOANS BACKED BY A FEDERAL MORTGAGE LOAN PROGRAM.
FOR PURPOSES OF THIS SECTION, THE TERM  "DWELLING  UNIT"  SHALL  MEAN  A
DETACHED  SINGLE  FAMILY HOME, A GROUND FLOOR UNIT IN A TOWN HOUSE, OR A
GROUND FLOOR UNIT IN A BUILDING OF THREE OR FEWER DWELLING  UNITS  WHICH
IS DESIGNED AS, OR INTENDED FOR OCCUPANCY AS A RESIDENCE.
  S  482. VISITABILITY REQUIREMENT. THE DESIGN AND CONSTRUCTION OF A NEW
DWELLING UNIT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02964-04-0

S. 8150                             2

  1. ACCESSIBLE ENTRANCE. (A) EXCEPT AS PROVIDED  IN  PARAGRAPH  (B)  OF
THIS  SUBDIVISION,  THE GROUND LEVEL OF SUCH DWELLING UNIT SHALL CONTAIN
AT LEAST ONE ENTRANCE TO THE DWELLING UNIT THAT:
  (I)  IS  ACCESSIBLE  TO,  AND USABLE BY, PEOPLE WITH DISABILITIES SUCH
THAT ALL ROOMS ON THE LEVEL ARE CONNECTED BY AN ACCESSIBLE ROUTE;
  (II) DOES NOT CONTAIN ANY STEPS OR ANY  DOOR  THRESHOLD  THAT  EXCEEDS
ONE-HALF INCH IN HEIGHT; AND
  (III)  IS  LOCATED  ON  A CONTINUOUS UNOBSTRUCTED PATH FROM THE PUBLIC
STREET OR DRIVEWAY THAT SERVES THE UNIT, WHICH PATH AT NO  POINT  HAS  A
SLOPE  EXCEEDING ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH, HAS
A WIDTH OF NOT LESS THAN THIRTY-SIX INCHES AND HAS  A  CROSS  SLOPE  NOT
GREATER  THAN  TWO PERCENT OF THE WIDTH. SUCH UNOBSTRUCTED PATH SHALL BE
ABLE TO BE NEGOTIATED BY A PERSON AND MAY INCLUDE  CURB  RAMPS,  PARKING
ACCESS AISLES, WALKS, AND RAMPS.
  (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO A DWELLING UNIT IF:
  (I) THE FINISHED GRADE OF THE SITE IS TOO  STEEP  TO  PROVIDE  A  PATH
HAVING  A SLOPE OF ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH AT
THE FRONT, SIDE, OR BACK OF THE UNIT;
  (II) THERE IS NO DRIVEWAY SERVING THE UNIT; AND
  (III) THERE IS NO ALLEY OR OTHER ROADWAY CAPABLE OF PROVIDING  VEHICU-
LAR ACCESS TO THE REAR OR SIDE OF THE UNIT.
  2.  ACCESSIBLE  INTERIOR  DOORS.  ALL DOORS THAT ARE DESIGNED TO ALLOW
PASSAGE WITHIN THE GROUND LEVEL OF SUCH  DWELLING  UNIT  SHALL  HAVE  AN
UNOBSTRUCTED OPENING OF AT LEAST THIRTY-SIX INCHES WHEN THE DOOR IS OPEN
AT A NINETY-DEGREE ANGLE.
  3.  ACCESSIBLE  ENVIRONMENTAL CONTROLS. ALL ENVIRONMENTAL CONTROLS AND
OUTLETS LOCATED ON THE GROUND LEVEL  OF  SUCH  DWELLING  UNIT  SHALL  BE
LOCATED  ON  THE  WALL  AT  LEAST  FIFTEEN  INCHES,  BUT  NOT  MORE THAN
FORTY-EIGHT INCHES, ABOVE THE FLOOR OR, IN  THE  CASE  OF  ENVIRONMENTAL
CONTROLS  AND  OUTLETS LOCATED DIRECTLY ABOVE A COUNTER, SINK, OR APPLI-
ANCE, NOT MORE THAN THREE INCHES ABOVE SUCH COUNTER, SINK, OR APPLIANCE.
  4. ACCESSIBLE HABITABLE SPACE AND BATHROOM. THE GROUND LEVEL  OF  SUCH
DWELLING UNIT SHALL CONTAIN THE FOLLOWING:
  (A) AT LEAST ONE INDOOR ROOM THAT HAS AN AREA OF NOT LESS THAN SEVENTY
SQUARE  FEET AND CONTAINS NO SIDE OR DIMENSION NARROWER THAN SEVEN FEET;
AND
  (B) AT LEAST ONE BATHROOM THAT CONTAINS, AT A MINIMUM, THE FOLLOWING:
  (I) CLEAR FLOOR SPACE OF THIRTY BY FORTY-EIGHT INCHES CENTERED ON  AND
CONTIGUOUS TO THE SINK, WHICH IS NOT ENCROACHED BY THE SWING PATH OF THE
BATHROOM DOOR;
  (II)  A  SINK  AND  A TOILET THAT EACH ALLOW FOR A PARALLEL OR HEAD-ON
APPROACH BY A PERSON IN A WHEELCHAIR; AND
  (III) WALLS THAT ARE REINFORCED TO BE CAPABLE OF SUPPORTING GRAB  BARS
THAT  RESIST  SHEAR AND BENDING FORCES OF A MINIMUM OF TWO HUNDRED FIFTY
POUNDS, AS FOLLOWS:
  (A) ALL WALLS ADJACENT TO THE TOILET  SHALL  HAVE  HORIZONTAL  BACKING
REINFORCEMENTS,  EACH  AT  LEAST  THIRTY-THREE INCHES, BUT NOT MORE THAN
THIRTY-SIX INCHES, ABOVE THE FLOOR, AND SUFFICIENT TO ALLOW FOR A  TWEN-
TY-FOUR-INCH  GRAB  BAR  ON  THE  WALL  BEHIND  THE  TOILET  AND ANOTHER
FORTY-TWO-INCH GRAB BAR ON ONE  OR  THE  OTHER  WALLS  ADJACENT  TO  THE
TOILET.
  (B) IF A BATHTUB IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
INCLUDE:
  (I)  TWO  BACKING REINFORCEMENTS ON THE BACK WALL OF THE BATHTUB, EACH
AT LEAST TWENTY-FOUR INCHES LONG, AT LEAST TWENTY INCHES  WIDE  AND  NOT

S. 8150                             3

MORE  THAN  TWENTY-FOUR  INCHES FROM THE HEAD END WALL AND NOT MORE THAN
TWELVE INCHES FROM THE FOOT END WALL, ONE IN A  HORIZONTAL  POSITION  AT
LEAST  THIRTY-THREE  INCHES,  BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE
THE FLOOR, AND ONE NINE INCHES ABOVE THE RIM OF THE BATHTUB;
  (II) ONE BACKING REINFORCEMENT ON THE FOOT END WALL OF THE BATHTUB, AT
LEAST  TWENTY  INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND LOCATED AT
THE FRONT EDGE OF THE BATHTUB; AND
  (III) ONE BACKING REINFORCEMENT ON THE HEAD END WALL OF  THE  BATHTUB,
AT  LEAST  TWELVE INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND LOCATED
AT THE FRONT EDGE OF THE BATHTUB.
  (C) IF A SHOWER IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS  SHALL
INCLUDE  BACKING  REINFORCEMENTS  ON  AT  LEAST  TWO  WALLS ON WHICH THE
CONTROL VALVES ARE NOT LOCATED,  EACH  CENTERED  AT  LEAST  THIRTY-THREE
INCHES,  BUT  NOT  MORE  THAN  THIRTY-SIX INCHES, ABOVE THE FLOOR AND AT
LEAST EIGHTEEN INCHES WIDE.
  S 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
  S 484. ENFORCEMENT. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR  ANY
OTHER  BUSINESS ENTITY THAT VIOLATES ANY PROVISION OF THIS ARTICLE SHALL
BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY NOR MORE THAN  FIVE
HUNDRED  DOLLARS  FOR  EACH  SUCH  OFFENSE  AND  EACH  DAY ON WHICH SUCH
VIOLATION OCCURS OR CONTINUES TO OCCUR SHALL BE A SEPARATE OFFENSE.  ANY
VIOLATION OF THIS ARTICLE SHALL BE ENFORCEABLE BY THE  ATTORNEY  GENERAL
AND ANY AGGRIEVED PARTY, AND ANY SUCH PARTY SHALL HAVE THE RIGHT TO SEEK
LEGAL  AND EQUITABLE RELIEF AND THE COURT MAY AWARD REASONABLE COSTS AND
ATTORNEY'S FEES ASSOCIATED WITH SUCH ACTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a  law  and  shall  apply  to  dwelling  units  the
construction of which begins on or after such date.