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

                                   495

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN, DINOWITZ, GALEF, CASTRO, ABINANTI, CLARK,
  CRESPO, ENGLEBRIGHT, JAFFEE, ROBERTS, TITUS, WEPRIN -- Multi-Sponsored
  by  --  M. of A. BARRETT -- read once and referred to the Committee on
  Health

AN ACT to amend the public health law, in relation to  requiring  owners
  of  multiple  dwelling properties to develop, implement and distribute
  smoking policies

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

  Section  1.  Legislative findings.   Secondhand smoke is produced from
the lighted end of tobacco products and from smoke exhaled from a  smok-
er.  Secondhand smoke is a known carcinogen and exposure to it is linked
to  increased  risk  of  cancer,  respiratory  complications  and  heart
disease.  Any  level of exposure to secondhand smoke is harmful to chil-
dren and adults; it is estimated that 3,400  nonsmoking  adults  die  of
lung cancer and up to one million asthmatic children have worsened asth-
ma  and  asthma-related  problems  each  year  in the United States as a
result of inhaling secondhand smoke.  Private owners and public  housing
authorities may restrict smoking in or on their properties. In buildings
with  multifamily  units,  smoke  can  spread  between units through air
ducts, cracks and elevator shafts and  involuntarily  expose  nonsmoking
tenants.  Secondhand  smoke often cannot be controlled using ventilation
systems, air cleaning,  or  separating  non-smokers  from  smokers.  The
intent  of  this  legislation  is to require owners of multiple dwelling
properties to develop, incorporate into leases and  contracts  of  sale,
and  to  distribute smoking policies to current and prospective tenants.
The bill acts to help nonsmokers protect themselves and  their  families
from secondhand smoke by providing information they can weigh in select-
ing  a  new  residence in a multiple dwelling building and to reduce the
number of conflicts between nonsmokers and smokers.

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

                                                           LBD05069-01-3

A. 495                              2

  S 2. The public health law is amended by adding a new  section  1399-y
to read as follows:
  S  1399-Y.   MULTIPLE DWELLING SMOKING POLICY. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MULTIPLE DWELLING" MEANS: (I) A MULTIPLE DWELLING THAT  IS  OCCU-
PIED  FOR  PERMANENT RESIDENCE PURPOSES OF THREE OR MORE FAMILIES LIVING
INDEPENDENTLY OF EACH OTHER.
  (II) FOR PURPOSES OF THIS PARAGRAPH,  "PERMANENT  RESIDENCE  PURPOSES"
SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE SAME NATURAL PERSON
OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE.
  (B)  "DWELLING UNIT" MEANS ANY ROOM OR GROUP OF ROOMS LOCATED WITHIN A
DWELLING AND FORMING A SINGLE HABITABLE UNIT WITH FACILITIES  WHICH  ARE
USED OR INTENDED TO BE USED FOR LIVING OR SLEEPING BY HUMAN OCCUPANTS.
  (C)  "OWNER"  MEANS:   (I) ANY PERSON WHO, ALONE, JOINTLY OR SEVERALLY
WITH ANOTHER OR OTHERS HAS LEGAL TITLE TO ANY MULTIPLE DWELLING, WITH OR
WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF;  (II)  ANY  PERSON  WHO,
ALONE,  JOINTLY  OR SEVERALLY WITH ANOTHER OR OTHERS HAS CHARGE, CARE OR
CONTROL OF ANY  DWELLING  AS  OWNER,  LESSEE,  MORTGAGEE  OR  VENDEE  IN
POSSESSION, ASSIGNEE OF RENTS OR AS A RECEIVER; OR AN EXECUTOR, ADMINIS-
TRATOR,  TRUSTEE,  OR GUARDIAN OF THE ESTATE OF THE OWNER. ANY AGENT FOR
ANY OF THE ABOVE SHALL BE BOUND TO COMPLY WITH THE  PROVISIONS  OF  THIS
SECTION  TO  THE SAME EXTENT AS IF HE OR SHE WAS THE OWNER; OR (III) THE
BOARD OF MANAGERS OF A CONDOMINIUM AND BOARD OF DIRECTORS OF  A  COOPER-
ATIVE APARTMENT.
  (D) WHEN REFERRING TO A DWELLING UNIT IN A MULTIPLE DWELLING, "TENANT"
MEANS  A  TENANT,  TENANT-STOCKHOLDER  OF A COOPERATIVE APARTMENT CORPO-
RATION, CONDOMINIUM UNIT OWNER, SUBTENANT, LESSEE,  SUBLESSEE  OR  OTHER
PERSON ENTITLED TO THE POSSESSION OR TO THE USE OR OCCUPANCY OF A DWELL-
ING UNIT.
  2. AN OWNER OF A MULTIPLE DWELLING PROPERTY IS HEREBY REQUIRED TO:
  (A)  DEVELOP AND IMPLEMENT A WRITTEN SMOKING POLICY THAT DETAILS WHERE
AND WHEN SMOKING IS PERMITTED OR PROHIBITED;
  (B) DISTRIBUTE THE SMOKING POLICY TO ALL CURRENT TENANTS OF THE MULTI-
PLE DWELLING WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION OR
OF DEVELOPMENT OF A NEW OR AMENDED SMOKING POLICY;
  (C) POST A COPY OF THE SMOKING POLICY IN THE FOLLOWING COMMON AREAS OF
THE MULTIPLE DWELLING, IF APPLICABLE: ALL ENTRANCES, WALLS  ADJACENT  TO
ELEVATORS AND MAILBOXES, LAUNDRY ROOMS AND ANY OTHER COMMON ROOMS;
  (D)  INCORPORATE  THE  SMOKING POLICY INTO ALL WRITTEN AND ORAL LEASES
AND CONTRACTS OF SALE FOR DWELLING UNITS IN THE MULTIPLE DWELLING;
  (E) PROVIDE A COPY OF THE SMOKING POLICY TO ALL CURRENT  AND  PROSPEC-
TIVE TENANTS BEFORE THEY ENTER INTO ORAL LEASES OR AGREEMENTS TO RENT OR
CONTRACTS OF SALE; AND
  (F) PROVIDE A COPY OF THE SMOKING POLICY UPON REQUEST TO ANY PERSON.
  3.  NOTHING IN THIS SECTION SHALL AUTHORIZE AN OWNER TO ADOPT A POLICY
THAT THE OWNER IS NOT OTHERWISE AUTHORIZED TO ADOPT.
  4.  (A)  AN OWNER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
SUBJECT TO THE IMPOSITION BY THE  ENFORCEMENT  OFFICER,  AS  DEFINED  BY
SUBDIVISION  ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-T OF THIS ARTI-
CLE OF A CIVIL PENALTY.  BEFORE  IMPOSING  SUCH  A  CIVIL  PENALTY,  THE
ENFORCEMENT OFFICER SHALL NOTIFY THE OWNER IN WRITING OF THE REASONS FOR
SUCH  IMPOSITION  OF A CIVIL PENALTY AND AFFORD THE OWNER AN OPPORTUNITY
TO BE HEARD IN PERSON OR BY COUNSEL. PRIOR  TO  THE  IMPOSITION  OF  THE
FIRST  CIVIL  PENALTY FOR AN ALLEGED VIOLATION OF THE PROVISIONS OF THIS
SECTION, THE ENFORCEMENT OFFICER SHALL ISSUE A  WARNING  TO  THE  OWNER,
PROVIDE  INFORMATION  TO  THE OWNER ABOUT THE PROVISIONS OF THIS SECTION

A. 495                              3

AND PROVIDE THE OWNER THIRTY DAYS TO COMPLY WITH THE PROVISIONS OF  THIS
SECTION.    FAILURE  TO  COMPLY  WITHIN SUCH THIRTY DAY TIME PERIOD WILL
RESULT IN IMPOSITION OF A CIVIL PENALTY OF NOT LESS  THAN  FIVE  HUNDRED
DOLLARS.
  (B)  ANY PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  S 3. This act shall take effect one year after it shall have become  a
law.

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

                                 495--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. PAULIN, DINOWITZ, GALEF, ABINANTI, CLARK, CRESPO,
  ENGLEBRIGHT,  JAFFEE,  ROBERTS, TITUS, WEPRIN -- Multi-Sponsored by --
  M. of A. BARRETT -- read once and referred to the Committee on  Health
  --  reported  and  referred  to  the  Committee  on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to  requiring  owners
  of  multiple  dwelling properties to develop, implement and distribute
  smoking policies

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

  Section  1.  Legislative findings.   Secondhand smoke is produced from
the lighted end of tobacco products and from smoke exhaled from a  smok-
er.  Secondhand smoke is a known carcinogen and exposure to it is linked
to  increased  risk  of  cancer,  respiratory  complications  and  heart
disease.  Any  level of exposure to secondhand smoke is harmful to chil-
dren and adults; it is estimated that 3,400  nonsmoking  adults  die  of
lung cancer and up to one million asthmatic children have worsened asth-
ma  and  asthma-related  problems  each  year  in the United States as a
result of inhaling secondhand smoke.  Private owners and public  housing
authorities may restrict smoking in or on their properties. In buildings
with  multifamily  units,  smoke  can  spread  between units through air
ducts, cracks and elevator shafts and  involuntarily  expose  nonsmoking
tenants.  Secondhand  smoke often cannot be controlled using ventilation
systems, air cleaning,  or  separating  non-smokers  from  smokers.  The
intent  of  this  legislation  is to require owners of multiple dwelling
properties to develop, incorporate into leases and  contracts  of  sale,
and  to  distribute smoking policies to current and prospective tenants.
The bill acts to help nonsmokers protect themselves and  their  families
from secondhand smoke by providing information they can weigh in select-

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

                                                           LBD05069-02-3

A. 495--A                           2

ing  a  new  residence in a multiple dwelling building and to reduce the
number of conflicts between nonsmokers and smokers.
  S  2.  The public health law is amended by adding a new section 1399-y
to read as follows:
  S 1399-Y.  MULTIPLE DWELLING SMOKING POLICY. 1. FOR PURPOSES  OF  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "MULTIPLE  DWELLING" MEANS: (I) A MULTIPLE DWELLING THAT IS OCCU-
PIED FOR PERMANENT RESIDENCE PURPOSES OF THREE OR MORE  FAMILIES  LIVING
INDEPENDENTLY OF EACH OTHER.
  (II)  FOR  PURPOSES  OF THIS PARAGRAPH, "PERMANENT RESIDENCE PURPOSES"
SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE SAME NATURAL PERSON
OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE.
  (B) "DWELLING UNIT" MEANS ANY ROOM OR GROUP OF ROOMS LOCATED WITHIN  A
DWELLING  AND  FORMING A SINGLE HABITABLE UNIT WITH FACILITIES WHICH ARE
USED OR INTENDED TO BE USED FOR LIVING OR SLEEPING BY HUMAN OCCUPANTS.
  (C) "OWNER" MEANS:  (I) IN THE CASE OF A BUILDING WITH RENTAL DWELLING
UNITS, OTHER THAN A CONDOMINIUM OR A COOPERATIVE APARTMENT  CORPORATION,
THE  OWNER OF RECORD; OR (II) IN THE CASE OF A CONDOMINIUM, THE BOARD OF
MANAGERS; OR (III) IN THE CASE OF A COOPERATIVE  APARTMENT  CORPORATION,
THE BOARD OF DIRECTORS.
  (D)  "UNIT  OWNER"  MEANS  IN  THE  CASE OF A CONDOMINIUM, ANY PERSON,
INCLUDING A SPONSOR, WHO, ALONE, JOINTLY OR SEVERALLY  WITH  ANOTHER  OR
OTHERS  HAS  LEGAL  TITLE  TO ANY DWELLING UNIT IN THE BUILDING, WITH OR
WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF.
  (E) WHEN REFERRING TO A DWELLING UNIT IN A MULTIPLE DWELLING, "TENANT"
MEANS A TENANT, TENANT-STOCKHOLDER OF  A  COOPERATIVE  APARTMENT  CORPO-
RATION,  SUBTENANT,  LESSEE,  SUBLESSEE  OR OTHER PERSON ENTITLED TO THE
POSSESSION OR TO THE USE OR OCCUPANCY OF A DWELLING UNIT.
  2. AN OWNER OF A MULTIPLE DWELLING PROPERTY IS HEREBY REQUIRED TO:
  (A) DEVELOP AND IMPLEMENT A WRITTEN SMOKING POLICY THAT DETAILS  WHERE
AND  WHEN  SMOKING  IS  PERMITTED  OR  PROHIBITED, ADDRESSING ALL INDOOR
LOCATIONS OF THE PROPERTY IN QUESTION, INCLUDING COMMON AREAS AND DWELL-
ING UNITS, AND ALL OUTDOOR AREAS, INCLUDING COMMON COURTYARDS,  ROOFTOPS
AND  BALCONIES,  PATIOS  AND  OTHER  OUTDOOR AREAS CONNECTED TO DWELLING
UNITS, AND THAT APPLIES TO ALL TENANTS AND ANY OTHER PERSON ON THE PREM-
ISES;
  (B) DISTRIBUTE THE SMOKING POLICY TO ALL CURRENT TENANTS OF THE MULTI-
PLE DWELLING WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION OR
OF DEVELOPMENT OF A NEW OR AMENDED SMOKING POLICY;
  (C) POST A COPY OF THE SMOKING POLICY IN THE FOLLOWING COMMON AREAS OF
THE MULTIPLE DWELLING, IF APPLICABLE: ALL ENTRANCES, WALLS  ADJACENT  TO
ELEVATORS AND MAILBOXES, LAUNDRY ROOMS AND ANY OTHER COMMON ROOMS;
  (D)  IN  THE CASE OF A RENTAL BUILDING, INCORPORATE THE SMOKING POLICY
INTO THE LEASE FOR ANY DWELLING UNIT, AND IN THE CASE OF A  CONDOMINIUM,
INCORPORATE THE SMOKING POLICY INTO THE CONDOMINIUM BYLAWS AND CONTRACTS
OF SALES;
  (E) IN THE CASE OF A BUILDING WITH RENTAL DWELLING UNITS, OTHER THAN A
CONDOMINIUM  OR  A  COOPERATIVE APARTMENT CORPORATION, PROVIDE A COPY OF
THE SMOKING POLICY TO ALL CURRENT AND PROSPECTIVE  TENANTS  BEFORE  THEY
ENTER INTO ORAL LEASES OR AGREEMENTS TO RENT;
  (F)  ON  AN  ANNUAL BASIS, PROVIDE A COPY OF THE SMOKING POLICY TO ALL
TENANTS;
  (G) PROVIDE A COPY OF THE SMOKING POLICY UPON REQUEST TO  ANY  PERSON;
AND
  (H) MAKE AVAILABLE FOR INSPECTION BY THE ENFORCEMENT OFFICER COPIES OF
THE  FOLLOWING:  (I)  THE ANNUAL DISCLOSURE REQUIRED BY PARAGRAPH (F) OF

A. 495--A                           3

SUBDIVISION TWO OF THIS SECTION FOR THE  CURRENT  YEAR;  AND  (II)  EACH
NOTIFICATION OF AN AMENDMENT MADE WITHIN THE PAST YEAR PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
  3.  NOTHING IN THIS SECTION SHALL AUTHORIZE AN OWNER TO ADOPT A POLICY
THAT THE OWNER IS NOT OTHERWISE AUTHORIZED TO ADOPT.  THE SMOKING POLICY
AND ANY AMENDMENTS THERETO SHALL BE BINDING ON A TENANT RENTING OR LEAS-
ING  A DWELLING UNIT ONLY TO THE EXTENT PROVIDED IN SUCH TENANT'S EXIST-
ING LEASE OR SUBLEASE AGREEMENT, PROVIDED THAT THE  SMOKING  POLICY  AND
ANY  AMENDMENTS  THERETO SHALL NOT BE BINDING ON ANY TENANT IN OCCUPANCY
OF A RENT CONTROLLED OR RENT  STABILIZED  DWELLING  UNIT  PRIOR  TO  THE
ADOPTION OF THE INITIAL SMOKING POLICY AS REQUIRED IN THIS SECTION.
  4.  (A)  AN OWNER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
SUBJECT TO THE IMPOSITION BY THE  ENFORCEMENT  OFFICER,  AS  DEFINED  BY
SUBDIVISION  ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-T OF THIS ARTI-
CLE OF A CIVIL PENALTY.  BEFORE  IMPOSING  SUCH  A  CIVIL  PENALTY,  THE
ENFORCEMENT OFFICER SHALL NOTIFY THE OWNER IN WRITING OF THE REASONS FOR
SUCH  IMPOSITION  OF A CIVIL PENALTY AND AFFORD THE OWNER AN OPPORTUNITY
TO BE HEARD IN PERSON OR BY COUNSEL. PRIOR  TO  THE  IMPOSITION  OF  THE
FIRST  CIVIL  PENALTY FOR AN ALLEGED VIOLATION OF THE PROVISIONS OF THIS
SECTION, THE ENFORCEMENT OFFICER SHALL ISSUE A  WARNING  TO  THE  OWNER,
PROVIDE  INFORMATION  TO  THE OWNER ABOUT THE PROVISIONS OF THIS SECTION
AND PROVIDE THE OWNER THIRTY DAYS TO COMPLY WITH THE PROVISIONS OF  THIS
SECTION.    FAILURE  TO  COMPLY  WITHIN SUCH THIRTY DAY TIME PERIOD WILL
RESULT IN IMPOSITION OF A CIVIL PENALTY OF NOT LESS  THAN  FIVE  HUNDRED
DOLLARS.
  (B)  ANY PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  5. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED  TO  RESTRICT
LOCAL  JURISDICTIONS  FROM  ENACTING MORE STRINGENT LAWS, RULES OR REGU-
LATIONS REGARDING THE SUBJECT MATTER REFERENCED HEREIN.
  S 3. This act shall take effect one year after it shall have become  a
law.