S T A T E O F N E W Y O R K
________________________________________________________________________
4084
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
___________
Introduced by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. PERRY --
read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to requiring a
reasonable time for inspection of home improvements made pursuant to
contract
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 771 of the general business law is
amended by adding two new paragraphs (i) and (j) to read as follows:
(I) A NOTICE TO THE OWNER THAT, IN ADDITION TO ANY RIGHT OF
INSPECTION, THE OWNER SHALL HAVE FIFTEEN DAYS FROM THE APPROXIMATE OR
ESTIMATED COMPLETION DATE SPECIFIED IN THE CONTRACT WITHIN WHICH TO MAKE
AN INSPECTION OF THE WORK COMPLETED. NO SCHEDULE OF PAYMENTS SHALL
REQUIRE FINAL PAYMENT BE MADE PURSUANT TO THE CONTRACT UNTIL SUCH PERIOD
OF INSPECTION HAS EXPIRED.
(J) A NOTICE TO THE OWNER PURCHASING THE HOME IMPROVEMENT THAT HE OR
SHE SHALL PAY ONE-THIRD OF THE AGREED UPON CONSIDERATION FOR THE WORK
AND MATERIALS AS A DOWN PAYMENT TO THE HOME IMPROVEMENT CONTRACTOR PRIOR
TO THE COMMENCEMENT OF ANY WORK, ANOTHER ONE-THIRD OF THE AGREED UPON
CONSIDERATION ON THE FIRST DAY WORK IS COMMENCED AND THE FINAL ONE-THIRD
OF THE AGREED UPON CONSIDERATION TO BE PAID UPON THE COMPLETION OF SUCH
WORK, PROVIDED HOWEVER, SUCH OWNER SHALL HAVE THE RIGHT TO WITHHOLD THE
FINAL ONE-THIRD PAYMENT UNTIL THE FIFTEEN DAY PERIOD SPECIFIED IN PARA-
GRAPH (I) OF THIS SUBDIVISION HAS ELAPSED.
§ 2. This act shall take effect immediately and shall apply to all
home improvement contracts entered into on or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08728-01-7