Assembly Bill A490

2017-2018 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A490 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9046
2019-2020: A1210

2017-A490 (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.

2017-A490 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    490
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. 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:
   §  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.
   § 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.
                                                            LBD03112-01-7

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