senate Bill S5212A

Signed by Governor

Relates to sprinkler system notice in residential leases

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 14 / May / 2013
    • REFERRED TO JUDICIARY
  • 10 / Jun / 2013
    • AMEND AND RECOMMIT TO JUDICIARY
  • 10 / Jun / 2013
    • PRINT NUMBER 5212A
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / May / 2014
    • 1ST REPORT CAL.666
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO JUDICIARY
  • 12 / Jun / 2014
    • SUBSTITUTED FOR A7641A
  • 12 / Jun / 2014
    • ORDERED TO THIRD READING CAL.443
  • 12 / Jun / 2014
    • PASSED ASSEMBLY
  • 12 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 05 / Aug / 2014
    • SIGNED CHAP.202

Summary

Relates to sprinkler system notice in residential leases.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A7641A
Versions:
S5212
S5212A
Legislative Cycle:
2013-2014
Law Section:
Real Property Law
Laws Affected:
Add ยง231-a, RP L

Sponsor Memo

BILL NUMBER:S5212A

TITLE OF BILL: An act to amend the real property law, in relation to
sprinkler system notice in residential leases

PURPOSE: To require all residential leases to include conspicuous
notice as to the existence or non-existence of a sprinkler system in
the leased premises.

SUMMARY OF PROVISIONS:

Section 1:

The first section provides that all leases entered into on or after
January 1, 2014 shall provide conspicuous notice in bold face type as
to the existence or non-existence of a maintained and operative
sprinkler system in the leased premises. "Sprinkler system" has the
same definition as is provided in section 155-a of the executive law.
It further provides that if there is a maintained and operative
sprinkler system in the leased premises, that the residential lease
shall also provide information regarding the last date of the
maintenance and inspection.

Section 2: The second section is the effective date.

JUSTIFICATION: On January 21, 2012, Kerry Rose Fitzsimons, Eva Block,
and Kevin Johnson were tragically killed in an off-campus fire while
attending Marist College. The fire was so strong and so fast that none
of the three students were able to escape.

What is known for certain was that there was no sprinkler system
installed in the off-campus home. According to the Fire Sprinkler
Initiative, the availability of smoke detectors, coupled with a
maintained and operative sprinkler system installed in a residence,
decreases the risk of dying in a fire by over 80%.

Currently, sprinkler systems are only required in newly constructed
apartment buildings outside of the "Big 5" cities in New York. Older
apartment buildings, and any other type of residential dwelling,
therefore, do not currently require sprinkler systems. This
legislation would require that every residential lease entered into on
or after January 1, 2014 provide conspicuous notice as to the
existence or non-existence of a sprinkler system. Being provided
notice as to the existence or non-existence of a sprinkler system will
help prospective tenants make an informed decision about where they
choose to live.

In honor of Kerry Rose, Eva, and Kevin it is imperative that we
provide all future tenants with the knowledge-and peace of mind-of the
existence or non-existence of a fire sprinkler system on the premises
before they sign a lease.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.


EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law, and shall apply to
leases entered into on or after such date.

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

                                 5212--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN,  FUSCHILLO,  MARTINS  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property law, in relation to  sprinkler  system
  notice in residential leases

  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
231-a to read as follows:
  S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI-
DENTIAL  LEASE  SHALL PROVIDE CONSPICUOUS NOTICE IN BOLD FACE TYPE AS TO
THE EXISTENCE OR NON-EXISTENCE OF A MAINTAINED AND  OPERATIVE  SPRINKLER
SYSTEM IN THE LEASED PREMISES.
  2.  FOR  PURPOSES  OF  THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC-
UTIVE LAW.
  3. IF THERE IS A MAINTAINED AND  OPERATIVE  SPRINKLER  SYSTEM  IN  THE
LEASED  PREMISES,  THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER
NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to leases entered into on or
after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10953-03-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.