S T A T E O F N E W Y O R K
________________________________________________________________________
7975
2013-2014 Regular Sessions
I N A S S E M B L Y
June 12, 2013
___________
Introduced by M. of A. GIBSON -- read once and referred to the Committee
on Housing
AN ACT to amend the multiple residence law, in relation to minimum heat-
ing requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 173 of the multiple residence law, as amended by
chapter 225 of the laws of 1982, is amended to read as follows:
S 173. Heating. 1. Every new dwelling shall be provided with heat [in
all living rooms], OR THE FACILITIES OR EQUIPMENT THEREFOR, IN ALL
PORTIONS OF THE DWELLING USED OR OCCUPIED FOR LIVING PURPOSES sufficient
to maintain the minimum temperatures AS required by local law, ordi-
nances, rules, or regulation, or by the local public health officer[,
provided, however, that such minimum temperature shall,
notwithstanding]. NOTWITHSTANDING the provisions of subdivision one of
section three hundred twenty-nine of this chapter, [be] DURING THE PERI-
OD BETWEEN OCTOBER FIRST AND MAY THIRTY-FIRST, SUCH MINIMUM TEMPERATURES
SHALL BE: (A) sixty-eight degrees Fahrenheit during the hours between
six o'clock in the morning and ten o'clock in the evening during the
months between October first and May thirty-first, whenever the outdoor
temperature falls below fifty-five degrees Fahrenheit; AND (B) AT LEAST
FIFTY-FIVE DEGREES FAHRENHEIT BETWEEN THE HOURS OF TEN O'CLOCK IN THE
EVENING AND SIX O'CLOCK IN THE MORNING, WHENEVER THE OUTDOOR TEMPERATURE
FALLS BELOW FORTY DEGREES FAHRENHEIT.
2. NOTHING IN THIS SECTION SHALL RELIEVE AN OWNER OF THE DUTY TO
PROVIDE CENTRALLY SUPPLIED OR OTHER APPROVED SOURCE OF HEAT IN A DWELL-
ING, IN ANY CASE WHERE SUCH HEAT IS REQUIRED BY THIS CHAPTER OR ANY
OTHER LAW, ORDINANCE, RULE, OR REGULATION. NOTHING IN THIS SECTION SHALL
PROHIBIT A TENANT OR OTHER LEGAL OCCUPANT, AS SUCH TERMS ARE DEFINED IN
SECTION TWO HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW, FROM INTEN-
TIONALLY MAINTAINING A DWELLING TEMPERATURE LOWER THAN PRESCRIBED IN
THIS SECTION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11380-01-3