Assembly Bill A9793

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

                                  9793

                          I N  A S S E M B L Y

                              April 5, 2012
                               ___________

Introduced  by  M.  of  A.  J. MILLER  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law and the education law, in relation  to
  requiring  certain  property  owners  who lease to college students to
  install and maintain direct transmission fire, smoke and carbon monox-
  ide alarms

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

  Section 1. Section 378 of the executive law is amended by adding a new
subdivision 5-d to read as follows:
  5-D.  STANDARDS  FOR  THE  PURCHASE,  INSTALLATION  AND MAINTENANCE OF
DIRECT TRANSMISSION SMOKE, FIRE  AND  CARBON  MONOXIDE  ALARM  DETECTING
DEVICES, REQUIRING THAT:
  A.  WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE SECTION, THE OWNER
OF EVERY HOUSE, APARTMENT OR OTHER SEPARATE LIVING UNIT, WHICH IS LEASED
TO AT LEAST TWO COLLEGE STUDENTS RESIDING IN SUCH PLACE FOR THE  PURPOSE
OF  ATTENDING A COLLEGE OR UNIVERSITY IN THE STATE, SHALL HAVE INSTALLED
AN OPERABLE SMOKE, FIRE AND  CARBON  MONOXIDE  ALARM  DETECTING  DEVICE,
WHICH IS EITHER INTERCONNECTED WITH THE FIRE ALARM REPORTING LOCATION OR
SYSTEM  PROVIDED  FOR  SUCH  LOCAL FIRE DEPARTMENT OR COMPANY TO RECEIVE
ALARMS FROM THE PUBLIC, SO THAT UPON ACTIVATION OF SUCH INTERNAL  SMOKE,
FIRE  AND  CARBON  MONOXIDE ALARM DETECTING SYSTEM, A SIGNAL IS DIRECTLY
TRANSMITTED TO SUCH LOCAL FIRE DEPARTMENT OR FIRE COMPANY  OR  WHICH  IS
INTERCONNECTED  WITH  A  COMMERCIAL MONITORING SYSTEM WHICH WOULD NOTIFY
SUCH LOCAL FIRE DEPARTMENT OR  FIRE  COMPANY  UPON  ACTIVATION  OF  SUCH
INTERNAL SMOKE, FIRE AND CARBON MONOXIDE ALARM DETECTING SYSTEM.
  B.    SHOULD  THE OWNER FAIL TO INSTALL AN OPERABLE DEVICE PURSUANT TO
PARAGRAPH A OF THIS SUBDIVISION, THE STUDENTS RESIDING IN SUCH HOUSE MAY
MAKE WRITTEN REQUEST TO THE OWNER TO  INSTALL  SUCH  DEVICE.  THE  OWNER
SHALL  HAVE FOURTEEN DAYS FROM RECEIPT OF THE WRITTEN REQUEST TO INSTALL
THE APPROPRIATE DEVICE IN COMPLETE OPERATING STATUS.  SHOULD  THE  OWNER
FAIL TO COMPLETE INSTALLATION WITHIN FOURTEEN DAYS UPON RECEIPT OF WRIT-
TEN  REQUEST,  THE PRO RATA SHARE OF RENT PROPORTIONATE TO THE NUMBER OF
EXCESS DAYS IT TAKES TO COMPLETE INSTALLATION SHALL BE DEDUCTED FROM THE

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

                                                           LBD14322-04-2

A. 9793                             2

MONTHLY RENT. SHOULD THE OWNER  FAIL  TO  INITIATE  INSTALLATION  WITHIN
FOURTEEN  DAYS,  THE STUDENTS RESIDING IN SUCH HOUSE, APARTMENT OR OTHER
SEPARATE LIVING UNIT MAY  PURCHASE  AND  INSTALL  SUCH  DEVICE  AND  MAY
EITHER:
  (I)  SUBMIT  A  BILL  TO SUCH OWNER FOR THE COSTS ASSOCIATED WITH SUCH
PURCHASE, INSTALLATION AND MAINTENANCE OF SUCH DEVICE; OR
  (II) DEDUCT THE AMOUNT EXPENDED FOR  THE  PURCHASE,  INSTALLATION  AND
MAINTENANCE OF SUCH DEVICE FROM THE AMOUNT OWED FOR RENT.
  C.  STUDENTS  EXERCISING  THE OPTION DESCRIBED IN SUBPARAGRAPH (II) OF
PARAGRAPH B OF THIS SUBDIVISION, WHO FACE EVICTION AS A RESULT OF  EXER-
CISING SUCH OPTION, SHALL BE ENTITLED, IN ADDITION TO ANY OTHER REMEDIES
AVAILABLE  BY  LAW, TO ALL AMOUNTS PREVIOUSLY PAID TO SUCH OWNER AND THE
AMOUNTS DEDUCTED FROM THE RENT DUE FOR THE  PURCHASE,  INSTALLATION  AND
MAINTENANCE OF SUCH DEVICE.
  D.  IF  SUCH OWNER HAS NOT INSTALLED SUCH DEVICE PRIOR TO LEASING SUCH
HOUSE, APARTMENT OR OTHER SEPARATE LIVING UNIT TO  SUCH  STUDENTS,  SUCH
OWNER  SHALL INCLUDE A PROVISION IN THE LEASE PROVIDING THAT SUCH DEVICE
IS REQUIRED PURSUANT TO LAW, THAT SUCH DEVICE SHALL BE INSTALLED  WITHIN
FOURTEEN  DAYS  FROM  THE  DATE  SUCH  STUDENTS  BEGIN  RESIDING AT SUCH
LOCATION, AND THAT ANY COSTS ASSOCIATED WITH  THE  MAINTENANCE  OF  SUCH
DEVICE  SHALL  BE  BORNE  EQUALLY  BETWEEN SUCH OWNER AND SUCH STUDENTS,
PROVIDED, HOWEVER, THAT SUCH STUDENTS' SHARE OF COSTS SHALL  BE  DIVIDED
EQUALLY AMONG SUCH STUDENTS.
  S 2. The education law is amended by adding a new section 6438 to read
as follows:
  S  6438.  OFF-CAMPUS  HOUSING  REQUIREMENTS. EACH COLLEGE SHALL INFORM
INCOMING STUDENTS ABOUT THE STANDARDS FOR THE PURCHASE, INSTALLATION AND
MAINTENANCE OF DIRECT TRANSMISSION SMOKE, FIRE AND CARBON MONOXIDE ALARM
DETECTING DEVICES, IN CERTAIN OFF-CAMPUS HOUSING, AS  REQUIRED  PURSUANT
TO  SUBDIVISION  FIVE-D  OF  SECTION  THREE HUNDRED SEVENTY-EIGHT OF THE
EXECUTIVE LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.