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Assembly Bill A5386

2015-2016 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 Assembly Committee

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2015-A5386 (ACTIVE) - Details

Current Committee:
Assembly Aging
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9088
2013-2014: A1858

2015-A5386 (ACTIVE) - Summary

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

2015-A5386 (ACTIVE) - Bill Text download pdf 

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

                                  5386

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, DINOWITZ, CRESPO, JAFFEE, COLTON,
  ROBINSON, WEPRIN, HOOPER -- Multi-Sponsored by --  M.  of  A.  ARROYO,
  AUBRY -- read once and referred to the Committee on Aging

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; AND (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 ELIM-
INATE 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07397-02-5

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