S T A T E O F N E W Y O R K
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4511
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
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Introduced by M. of A. ORTIZ, KEARNS, JAFFEE, GALEF -- Multi-Sponsored
by -- M. of A. KOLB, MONTESANO -- read once and referred to the
Committee on Housing
AN ACT to amend the public housing law, in relation to prohibiting smok-
ing on the premises of public housing units
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new section
223-c to read as follows:
§ 223-C. PROHIBITION ON SMOKING. 1. SMOKING SHALL BE PROHIBITED IN OR
ON THE GROUNDS OF ANY PUBLIC HOUSING ACCOMMODATION CLASSIFIED BY THE
COMMISSIONER AS A SMOKE-FREE BUILDING. THE COMMISSIONER SHALL ENSURE
THAT AT LEAST FIFTY PERCENT OF ALL PUBLIC HOUSING ACCOMMODATIONS IN
EXISTENCE AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE CLASSIFIED
AS SMOKE-FREE BUILDINGS.
2. ANY PUBLIC HOUSING ACCOMMODATION CONSTRUCTED AFTER THE EFFECTIVE
DATE OF THIS SECTION SHALL BE CLASSIFIED AS A SMOKE-FREE BUILDING. SMOK-
ING SHALL BE PROHIBITED IN AND ON THE GROUNDS OF ANY OF THESE ACCOMMO-
DATIONS.
3. ANY VACANCIES IN A PUBLIC HOUSING UNIT THAT HAS BEEN CLASSIFIED AS
A SMOKING UNIT SHALL BE RECLASSIFIED AS A SMOKE-FREE UNIT PRIOR TO ANY
NEW TENANT TAKING OCCUPANCY. SMOKING SHALL BE PROHIBITED IN ANY OF THESE
UNITS ON AND AFTER THE DATE OF SUCH NEW OCCUPANCY.
4. ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE COMMISSIONER SHALL
CLASSIFY ALL PUBLIC HOUSING ACCOMMODATIONS AS SMOKE-FREE BUILDINGS.
SMOKING SHALL BE PROHIBITED IN AND ON THE GROUNDS OF ALL PUBLIC HOUSING
ACCOMMODATIONS ON AND AFTER SUCH DATE.
5. FOR PURPOSES OF THIS SECTION, THE TERM SMOKING SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE SMOKING OR USE OF: (A) CIGARETTES, CIGARS, PIPES
OR ANY OTHER HANDHELD DEVICE USED FOR THE SMOKING OF TOBACCO PRODUCTS;
AND (B) ELECTRONIC CIGARETTES, E-CIGARETTES, ANY ELECTRONIC NICOTINE
DELIVERY SYSTEM OR ANY OTHER HANDHELD ELECTRONIC DEVICE THAT VAPORIZES A
FLAVORED LIQUID.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08865-01-7