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Assembly Bill A9088

2011-2012 Legislative Session

Requires reasonable modifications

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Archive: Last Bill Status - In Assembly Committee

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2011-A9088 (ACTIVE) - Details

See Senate Version of this Bill:
S6684
Current Committee:
Assembly Codes
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A1858, S2159
2015-2016: A5386

2011-A9088 (ACTIVE) - Summary

Requires reasonable modification to apartments for seniors and persons with physical impairments.

2011-A9088 (ACTIVE) - Bill Text download pdf 

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

                                  9088

                          I N  A S S E M B L Y

                            January 20, 2012
                               ___________

Introduced  by M. of A. MILLMAN, DINOWITZ, CASTRO, CRESPO, JAFFEE, STEV-
  ENSON, COLTON -- Multi-Sponsored by -- M. of A. ARROYO, McENENY, WEIS-
  ENBERG -- read once and referred to the Committee on Aging

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.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY INSTALL-
ING A PROTECTIVE DEVICE PURSUANT TO THIS SECTION SHALL NOT BE CONSIDERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11762-01-1

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