senate Bill S2159

Amended

Requires protective devices to be provided in apartments for seniors and persons with physical impairments upon request

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 31 / Jan / 2014
    • AMEND (T) AND RECOMMIT TO JUDICIARY
  • 31 / Jan / 2014
    • PRINT NUMBER 2159A

Summary

Requires protective devices to be provided in apartments for seniors and persons with physical impairments.

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Bill Details

Versions:
S2159
S2159A
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A1858
2011-2012: A1858, A9088, S6684
2009-2010: A3343
2007-2008: A2906

Sponsor Memo

BILL NUMBER:S2159

TITLE OF BILL: An act to amend the real property law, in relation to
requiring reasonable modification to apartments for seniors and persons
with physical impairments

PURPOSE OR GENERAL IDEA OF BILL: This bill would require landlords who,
rent apartments to tenants who are either seniors or persons with phys-
ical impairments to make modifications that would improve safety condi-
tions for those tenants.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the real property law by adding a new section, 235-h.
This section would define who qualifies as a senior or person with phys-
ical impairments and also clarifies what modifications to apartments
would be required by this law.

Section 2 sets the effective date

JUSTIFICATION: Both senior citizens and people with physical impair-
ments face difficulty finding adequate housing that provides a safe
environment for them to live. This bill would require landlords, upon
receiving a written request by the tenant, to provide, install and main-
tain in a safe manner, grab bars on walls of showers and bathtub stalls
and walls adjacent to each toilet or water closet in each residential
unit as well as treads on the floors of showers and bathtub stalls in
each residential unit, In doing so, landlords would allow their tenants
to stay in their current residence and five in a much safer environment.

PRIOR LEGISLATIVE HISTORY: 2011: A.7996 - Referred to Aging

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act will take effect in 180 days.

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

                                  2159

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to requiring  reason-
  able  modification to apartments for seniors and persons with physical
  impairments

  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 section
235-h to read as follows:
  S 235-H. PROTECTIVE DEVICES FOR TENANTS WHO  ARE  SENIORS  OR  PERSONS
WITH  PHYSICAL  DISABILITIES.  1.  AS USED IN THIS SECTION THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:  (A)  "SENIOR"  SHALL  MEAN  AN
INDIVIDUAL  AGED  SIXTY-FIVE YEARS OR OLDER; (B) "PERSON WITH A PHYSICAL
IMPAIRMENT" SHALL MEAN AN INDIVIDUAL  WITH  (I)  A  PHYSICAL  IMPAIRMENT
RESULTING  FROM  AN  ANATOMICAL, PHYSIOLOGICAL, GENETIC, OR NEUROLOGICAL
CONDITION WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR  IS
DEMONSTRABLE  BY  MEDICALLY  ACCEPTED  CLINICAL OR LABORATORY DIAGNOSTIC
TECHNIQUES; OR (II) A RECORD OF SUCH IMPAIRMENT; OR  (III)  A  CONDITION
REGARDED BY OTHERS AS SUCH AN IMPAIRMENT.
  2.  IT  SHALL BE THE DUTY OF THE OWNER, LESSOR, AGENT, OR OTHER PERSON
WHO MANAGES OR CONTROLS A RESIDENTIAL DWELLING TO:
  (A) WHEN REQUESTED IN WRITING BY A TENANT WHO IS A  SENIOR  OR  PERSON
WITH  A  PHYSICAL  IMPAIRMENT,  PROVIDE, INSTALL, AND MAINTAIN IN A SAFE
MANNER, WHICH SHALL INCLUDE ANY STRUCTURAL REINFORCEMENT NECESSARY,  THE
FOLLOWING: GRAB BARS ON THE WALLS OF SHOWER AND BATHTUB STALLS AND ADJA-
CENT TO EACH TOILET OR WATER CLOSET IN EACH RESIDENTIAL UNIT; AND TREADS
ON THE FLOORS OF SHOWERS AND BATHTUB STALLS IN EACH RESIDENTIAL UNIT.
  (B)  PROVIDE  NOTICE  IN  THE  LEASE  OF  THE RIGHT OF TENANTS WHO ARE
SENIORS OR PERSONS WITH PHYSICAL IMPAIRMENTS TO REQUEST SUCH  PROTECTIVE
DEVICES AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02007-01-3

S. 2159                             2

  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY INSTALL-
ING A PROTECTIVE DEVICE PURSUANT TO THIS SECTION SHALL NOT BE CONSIDERED
A  MAJOR  CAPITAL  IMPROVEMENT  NOR SHALL IT BE CONSIDERED AN INDIVIDUAL
APARTMENT IMPROVEMENT.
  4.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A VIOLATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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