S T A T E O F N E W Y O R K
________________________________________________________________________
2865--A
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
___________
Introduced by M. of A. McDONALD, ORTIZ -- read once and referred to the
Committee on Housing -- 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 that
landlords ensure that any window treatments installed in a residential
unit are in proper working order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 3 of section 235-b of the real property
law are renumbered subdivisions 3 and 4 and a new subdivision 2 is added
to read as follows:
2. ANY WINDOW COVERING, INCLUDING, BUT NOT LIMITED TO, BLINDS, SHADES,
VALANCES, OR CURTAINS, INSTALLED BY A LANDLORD SHALL BE PROPERLY
INSTALLED AND IN WORKING ORDER ACCORDING TO MANUFACTURER SPECIFICATIONS
AND INSTRUCTIONS AND SHALL COMPLY WITH ALL THE SAFETY STANDARDS AND
CONDITIONS DELINEATED IN THE TWO THOUSAND TWELVE AMERICAN NATIONAL STAN-
DARD FOR SAFETY OF CORDED WINDOW COVERING PRODUCTS. THE FAILURE OF A
LANDLORD TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL BE
DEEMED A BREACH OF THE WARRANTY OF HABITABILITY.
§ 2. Subdivision m of section 233 of the real property law, as amended
by chapter 566 of the laws of 1996, is amended to read as follows:
m. Warranty of habitability, maintenance, disruption of services. In
every written or oral lease or rental agreement entered into by a manu-
factured home tenant, the manufactured home park owner or operator shall
be deemed to covenant and warrant that the premises so leased or rented
and the manufactured home if rented and all areas used in connection
therewith in common with other manufactured home tenants or residents
including all roads within the manufactured home park are fit for human
habitation and for the uses reasonably intended by the parties and that
the occupants of such premises and such manufactured homes if rented
shall not be subjected to any conditions which would be dangerous,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04398-03-7
A. 2865--A 2
hazardous or detrimental to their life, health or safety. When any such
condition has been caused by the misconduct of the manufactured home
tenant or lessee or persons under his direction or control, it shall not
constitute a breach of such covenants and warranties. The rights and
obligations of the manufactured home park owner or operator and the
manufactured home tenant shall be governed by the provisions of this
subdivision and subdivisions two [and], three AND FOUR of section two
hundred thirty-five-b of this article.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.