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Assembly Bill A9046

2015-2016 Legislative Session

Relates to the duty of landlords to verify the licensure of massage therapist tenants

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Archive: Last Bill Status - In Assembly Committee

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2015-A9046 (ACTIVE) - Details

See Senate Version of this Bill:
S6775
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A490
2019-2020: A1210

2015-A9046 (ACTIVE) - Summary

Relates to the duty of landlords to verify the licensure of massage therapist tenants; subjects landlords to a civil penalty for failure to so verify.

2015-A9046 (ACTIVE) - Bill Text download pdf 

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

                                  9046

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the real property law, in relation to the duty of land-
  lords to verify the licensure of massage therapist tenants

  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. DUTY OF LANDLORDS TO VERIFY LICENSURE  OF  MASSAGE  THERAPIST
TENANTS. 1. PRIOR TO ENTERING INTO A RENTAL AGREEMENT WITH AN INDIVIDUAL
WHO  INTENDS TO ENGAGE IN THE PRACTICE OF MASSAGE THERAPY, AS DEFINED BY
SECTION SEVENTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, FOR HIRE IN  THE
SPACE  THAT  IS  SUBJECT TO SUCH RENTAL AGREEMENT, A LANDLORD SHALL HAVE
THE DUTY TO VERIFY THAT SUCH INDIVIDUAL IS LICENSED TO PRACTICE  MASSAGE
THERAPY PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
A  LANDLORD  SHALL BE DEEMED TO HAVE SATISFIED THE VERIFICATION REQUIRE-
MENT OF THIS SUBDIVISION IF SUCH LANDLORD OBTAINS AND RETAINS A COPY  OF
A VALID LICENSE ISSUED TO SUCH INDIVIDUAL BY THE STATE BOARD FOR MASSAGE
THERAPY.
  2. IF A TENANT WHO ENGAGES IN THE PRACTICE OF MASSAGE THERAPY FOR HIRE
IN  THE  SPACE  THAT IS SUBJECT TO A RENTAL AGREEMENT IS FOUND GUILTY OF
VIOLATING SECTION 230.20, 230.25, 230.30 OR 230.32 OF THE PENAL LAW,  OR
SECTION SIX THOUSAND FIVE HUNDRED TWELVE OF THE EDUCATION LAW, THE LAND-
LORD  OF SUCH TENANT SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE THOUSAND
DOLLARS IF IT IS SHOWN BY SUBSTANTIAL EVIDENCE THAT SUCH LANDLORD FAILED
TO VERIFY THAT SUCH TENANT  IS  LICENSED  TO  PRACTICE  MASSAGE  THERAPY
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13093-02-5

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