senate Bill S2159A

2013-2014 Legislative Session

Requires protective devices to be provided in apartments for seniors and persons with physical impairments upon request

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2014 print number 2159a
amend (t) and recommit to judiciary
Jan 08, 2014 referred to judiciary
Jan 14, 2013 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S2159 - Bill Details

See Assembly Version of this Bill:
A1858A
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1858
2011-2012: A1858, A9088, S6684
2009-2010: A3343

S2159 - Bill Texts

view summary

Requires protective devices to be provided in apartments for seniors and persons with physical impairments.

view sponsor memo
BILL NUMBER:S2159

TITLE OF BILL: An act to amend the real property law, in relation to
requiring reasonable modification to apartments for seniors and persons
with physical impairments

PURPOSE OR GENERAL IDEA OF BILL: This bill would require landlords who,
rent apartments to tenants who are either seniors or persons with phys-
ical impairments to make modifications that would improve safety condi-
tions for those tenants.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the real property law by adding a new section, 235-h.
This section would define who qualifies as a senior or person with phys-
ical impairments and also clarifies what modifications to apartments
would be required by this law.

Section 2 sets the effective date

JUSTIFICATION: Both senior citizens and people with physical impair-
ments face difficulty finding adequate housing that provides a safe
environment for them to live. This bill would require landlords, upon
receiving a written request by the tenant, to provide, install and main-
tain in a safe manner, grab bars on walls of showers and bathtub stalls
and walls adjacent to each toilet or water closet in each residential
unit as well as treads on the floors of showers and bathtub stalls in
each residential unit, In doing so, landlords would allow their tenants
to stay in their current residence and five in a much safer environment.

PRIOR LEGISLATIVE HISTORY: 2011: A.7996 - Referred to Aging

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act will take effect in 180 days.

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

                                  2159

                       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

AN ACT to amend the real property law, in relation to requiring  reason-
  able  modification to 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.
  2.  IT  SHALL BE THE DUTY OF THE OWNER, LESSOR, AGENT, OR OTHER PERSON
WHO MANAGES OR CONTROLS A RESIDENTIAL DWELLING TO:
  (A) WHEN REQUESTED IN WRITING BY A TENANT WHO IS A  SENIOR  OR  PERSON
WITH  A  PHYSICAL  IMPAIRMENT,  PROVIDE, INSTALL, AND MAINTAIN IN A SAFE
MANNER, WHICH SHALL INCLUDE ANY STRUCTURAL REINFORCEMENT NECESSARY,  THE
FOLLOWING: GRAB BARS ON THE WALLS OF SHOWER AND BATHTUB STALLS AND ADJA-
CENT TO EACH TOILET OR WATER CLOSET IN EACH RESIDENTIAL UNIT; AND TREADS
ON THE FLOORS OF SHOWERS AND BATHTUB STALLS IN EACH RESIDENTIAL UNIT.
  (B)  PROVIDE  NOTICE  IN  THE  LEASE  OF  THE RIGHT OF TENANTS WHO ARE
SENIORS OR PERSONS WITH PHYSICAL IMPAIRMENTS TO REQUEST SUCH  PROTECTIVE
DEVICES AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02007-01-3

S. 2159                             2

  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY INSTALL-
ING A PROTECTIVE DEVICE PURSUANT TO THIS SECTION SHALL NOT BE CONSIDERED
A  MAJOR  CAPITAL  IMPROVEMENT  NOR SHALL IT BE CONSIDERED AN INDIVIDUAL
APARTMENT IMPROVEMENT.
  4.  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.

S2159A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1858A
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1858
2011-2012: A1858, A9088, S6684
2009-2010: A3343

S2159A (ACTIVE) - Bill Texts

view summary

Requires protective devices to be provided in apartments for seniors and persons with physical impairments.

view sponsor memo
BILL NUMBER:S2159A

TITLE OF BILL: An act to amend the real property law, in relation to
requiring protective devices to be provided in apartments for seniors
and persons with physical impairments

PURPOSE OR GENERAL IDEA OF BILL: This bill would require landlords who
rent apartments to tenants who are either seniors or persons with phys-
ical impairments to make modifications that would improve safety condi-
tions for those tenants.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Real Property Law
by adding a new section 235-h. This section would:

* define who qualifies as a senior or person with physical impairments;

* define protective devices as grab bars in a shower and bathtub stall,
grab bars adjacent to a toilet, and threshold ramps to eliminate trip-
ping hazards;

* require landlords to install a protective device upon receipt of a
written request from an eligible tenant; and

* establish 90 days as the reasonable time period within which such
installation must occur.

Section 2 sets the effective date.

JUSTIFICATION: Both senior citizens and people with physical impairments
face difficulty finding adequate housing that provides a safe environ-
ment for them to live. This bill would require landlords, upon receiving
a written request by the tenant, to provide, install and maintain in a
safe manner, grab bars on walls of showers and bathtub stalls and walls
adjacent to each toilet or water closet in each residential unit as well
as treads on the floors of showers and bathtub stalls in each residen-
tial unit and threshold ramps to eliminate tripping hazards. In doing
so, landlords would allow their tenants to stay in their current resi-
dence and live in a much safer environment.

PRIOR LEGISLATIVE HISTORY: 2012: S.6684 - Referred to Judiciary

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act will take effect 180 days after it shall become
law.

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                    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.

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