senate Bill S5212A

Signed By Governor
2013-2014 Legislative Session

Relates to sprinkler system notice in residential leases

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

do you support this bill?

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 05, 2014 signed chap.202
Aug 01, 2014 delivered to governor
Jun 12, 2014 returned to senate
passed assembly
ordered to third reading cal.443
substituted for a7641a
Jun 10, 2014 referred to judiciary
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.666
Jan 08, 2014 referred to judiciary
Jun 10, 2013 print number 5212a
amend and recommit to judiciary
May 14, 2013 referred to judiciary

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5212 - Bill Details

See Assembly Version of this Bill:
A7641A
Law Section:
Real Property Law
Laws Affected:
Add §231-a, RP L

S5212 - Bill Texts

view summary

Relates to sprinkler system notice in residential leases.

view sponsor memo
BILL NUMBER:S5212

TITLE OF BILL: An act to amend the real property law, in relation to
sprinkler system notice in residential leases

PURPOSE:

To require all residential leases entered into on or after January 1,
2014 to include conspicuous notice as to the existence or
non-existence of a sprinkler system in the leased premises.

SUMMARY OF PROVISIONS:

Section 1:

The first section provides that all leases entered into on or after
January 1, 2014 shall provide conspicuous notice in bold face type as
to the existence or non-existence of a maintained and operative
sprinkler system in the leased premises. "Sprinkler system" has the
same definition as is provided in section 155-a of the executive law.
It further provides that if there is a maintained and operative
sprinkler system in the leased premises, that the residential lease
shall also provide information regarding the last date of the
maintenance and inspection. Finally, failure to provide notice in the
lease as to the existence or non-existence of a maintained and
operative sprinkler system shall deem the lease void, and the lessee
shall be entitled to recover and consideration paid by he or she to
enter into the lease.

Section 2: The second section is the effective date.

JUSTIFICATION:

On January 21, 2012, Kerry Rose Fitzsimons, Eva Block, and Kevin
Johnson were tragically killed in an off-campus fire while attending
Marist College. The fire was so strong and so fast that none of the
three students were able to escape.

What is known for certain was that there was no sprinkler system
installed in the off-campus home. According to the Fire Sprinkler
Initiative, the availability of smoke detectors, coupled with a
maintained and operative sprinkler system installed in a residence,
decreases the risk of dying in a fire by over 80%.

Currently, sprinkler systems are only required in newly constructed
apartment buildings outside of the "Big 5" cities in New York. Older
apartment buildings, and any other type of residential dwelling,
therefore, do not currently require sprinkler systems. This
legislation would require that every residential lease entered into on
or after January 1, 2014 provide conspicuous notice as to the
existence or non-existence of a sprinkler system. Being provided
notice as to the existence or non-existence of a sprinkler system will
help prospective tenants make an informed decision about where they
choose to live.

In honor of Kerry Rose, Eva, and Kevin it is imperative that we
provide all future tenants with the knowledge-and peace of mind-of the


existence or non-existence of a fire sprinkler system on the premises
before they sign a lease.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- 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  sprinkler  system
  notice in residential leases

  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
231-a to read as follows:
  S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI-
DENTIAL LEASE ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND FOUR-
TEEN,  SHALL  PROVIDE  CONSPICUOUS  NOTICE  IN  BOLD FACE TYPE AS TO THE
EXISTENCE OR NON-EXISTENCE  OF  A  MAINTAINED  AND  OPERATIVE  SPRINKLER
SYSTEM IN THE LEASED PREMISES.
  2.  FOR  PURPOSES  OF  THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC-
UTIVE LAW.
  3. IF THERE IS A MAINTAINED AND  OPERATIVE  SPRINKLER  SYSTEM  IN  THE
LEASED  PREMISES,  THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER
NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION.
  4. FAILURE TO PROVIDE NOTICE IN THE RESIDENTIAL LEASE AGREEMENT AS  TO
THE  EXISTENCE  OR NON-EXISTENCE OF A MAINTAINED AND OPERATIVE SPRINKLER
SYSTEM SHALL DEEM THE LEASE VOID, AND THE LESSEE SHALL  BE  ENTITLED  TO
RECOVER THE CONSIDERATION PAID.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10953-01-3

Co-Sponsors

S5212A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7641A
Law Section:
Real Property Law
Laws Affected:
Add §231-a, RP L

S5212A (ACTIVE) - Bill Texts

view summary

Relates to sprinkler system notice in residential leases.

view sponsor memo
BILL NUMBER:S5212A

TITLE OF BILL: An act to amend the real property law, in relation to
sprinkler system notice in residential leases

PURPOSE: To require all residential leases to include conspicuous
notice as to the existence or non-existence of a sprinkler system in
the leased premises.

SUMMARY OF PROVISIONS:

Section 1:

The first section provides that all leases entered into on or after
January 1, 2014 shall provide conspicuous notice in bold face type as
to the existence or non-existence of a maintained and operative
sprinkler system in the leased premises. "Sprinkler system" has the
same definition as is provided in section 155-a of the executive law.
It further provides that if there is a maintained and operative
sprinkler system in the leased premises, that the residential lease
shall also provide information regarding the last date of the
maintenance and inspection.

Section 2: The second section is the effective date.

JUSTIFICATION: On January 21, 2012, Kerry Rose Fitzsimons, Eva Block,
and Kevin Johnson were tragically killed in an off-campus fire while
attending Marist College. The fire was so strong and so fast that none
of the three students were able to escape.

What is known for certain was that there was no sprinkler system
installed in the off-campus home. According to the Fire Sprinkler
Initiative, the availability of smoke detectors, coupled with a
maintained and operative sprinkler system installed in a residence,
decreases the risk of dying in a fire by over 80%.

Currently, sprinkler systems are only required in newly constructed
apartment buildings outside of the "Big 5" cities in New York. Older
apartment buildings, and any other type of residential dwelling,
therefore, do not currently require sprinkler systems. This
legislation would require that every residential lease entered into on
or after January 1, 2014 provide conspicuous notice as to the
existence or non-existence of a sprinkler system. Being provided
notice as to the existence or non-existence of a sprinkler system will
help prospective tenants make an informed decision about where they
choose to live.

In honor of Kerry Rose, Eva, and Kevin it is imperative that we
provide all future tenants with the knowledge-and peace of mind-of the
existence or non-existence of a fire sprinkler system on the premises
before they sign a lease.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.


EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law, and shall apply to
leases entered into on or after such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5212--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN,  FUSCHILLO,  MARTINS  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property law, in relation to  sprinkler  system
  notice in residential leases

  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
231-a to read as follows:
  S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI-
DENTIAL  LEASE  SHALL PROVIDE CONSPICUOUS NOTICE IN BOLD FACE TYPE AS TO
THE EXISTENCE OR NON-EXISTENCE OF A MAINTAINED AND  OPERATIVE  SPRINKLER
SYSTEM IN THE LEASED PREMISES.
  2.  FOR  PURPOSES  OF  THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC-
UTIVE LAW.
  3. IF THERE IS A MAINTAINED AND  OPERATIVE  SPRINKLER  SYSTEM  IN  THE
LEASED  PREMISES,  THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER
NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to leases entered into on or
after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10953-03-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.