S T A T E O F N E W Y O R K
________________________________________________________________________
934
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PHEFFER, GABRYSZAK -- read once and referred to
the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring that
every home improvement contract contain a provision regarding notice
to owners if the contractor uses the services of a subcontractor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 771 of the general business law is
amended by adding a new paragraph (i) to read as follows:
(I) A NOTICE TO THE OWNER PURCHASING THE HOME IMPROVEMENT THAT THE
CONTRACTOR WHO PERFORMS ON THE CONTRACT SHALL, PRIOR TO COMMENCEMENT OF
ANY WORK, DEMOLITION OR CONSTRUCTION, PROVIDE WRITTEN NOTICE AND
DISCLOSE TO SUCH OWNER THE NAME, ADDRESS, TELEPHONE NUMBER AND LICENSE
NUMBER, IF APPLICABLE, OF ANY SUBCONTRACTORS THAT MAY BE PERFORMING ANY
WORK RELATING TO THE HOME IMPROVEMENT CONTRACT. THE CONSUMER RESERVES
THE RIGHT TO CANCEL SUCH CONTRACT, WITHOUT PENALTY AND ONLY PAY FOR
SERVICES RENDERED TO DATE, UPON SUCH NOTIFICATION. FOR THE PURPOSES OF
THIS PARAGRAPH, THE TERM "OWNER" SHALL MEAN OWNER OR ANY REPRESENTATIVE
OF AN OWNER.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to home improvement contracts entered
into on and after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00932-01-1