Senate Bill S2159A

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

                                 2159--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the real property law, in relation to requiring  protec-
  tive devices to be provided in 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; (C) "PROTECTIVE DEVICES" SHALL
MEAN GRAB BARS ON THE WALLS OF SHOWER  AND  BATHTUB  STALLS,  GRAB  BARS
ADJACENT  TO TOILETS AND WATER CLOSETS, AND THRESHOLD RAMPS TO ELIMINATE
TRIPPING HAZARDS.
  2. A TENANT WHO IS A SENIOR OR PERSON WITH A PHYSICAL IMPAIRMENT SHALL
HAVE THE RIGHT TO REQUEST THAT PROTECTIVE DEVICES BE INSTALLED IN  THEIR
RESIDENTIAL  UNIT.  SUCH  REQUEST  MUST BE MADE IN WRITING TO THE OWNER,
LESSOR, AGENT, OR OTHER PERSON WHO MANAGES OR CONTROLS  THE  RESIDENTIAL
DWELLING.  NOTICE OF THIS RIGHT SHALL BE PROVIDED IN THE LEASE GOVERNING
THE TENANT'S RESIDENTIAL UNIT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02007-03-4
              

S. 2159--A                          2

  3. IT SHALL BE THE DUTY OF THE OWNER, LESSOR, AGENT, OR  OTHER  PERSON
WHO  MANAGES OR CONTROLS A RESIDENTIAL DWELLING TO PROVIDE, INSTALL, AND
MAINTAIN IN A SAFE MANNER, WHICH SHALL INCLUDE ANY STRUCTURAL REINFORCE-
MENT NECESSARY, PROTECTIVE DEVICES UPON RECEIPT  OF  A  WRITTEN  REQUEST
PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION. THE INSTALLATION OF THE
PROTECTIVE DEVICES SHALL BE COMPLETED WITHIN NINETY DAYS  AFTER  RECEIPT
OF SUCH WRITTEN REQUEST.
  4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY,
INSTALLING A PROTECTIVE DEVICE PURSUANT TO THIS  SECTION  SHALL  NOT  BE
CONSIDERED  A  MAJOR  CAPITAL  IMPROVEMENT NOR SHALL IT BE CONSIDERED AN
INDIVIDUAL APARTMENT IMPROVEMENT.
  5. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
GUILTY OF A VIOLATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.