Senate Bill S4539

2017-2018 Legislative Session

Provides that a tenant has the right to display the United States flag

download bill text pdf

Sponsored By

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-S4539 (ACTIVE) - Details

See Assembly Version of this Bill:
A7822
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §223-c, RP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S173
2021-2022: S2581
2023-2024: S2288

2017-S4539 (ACTIVE) - Summary

Prohibits a landlord from banning a tenant from engaging in the display of the flag of the United States if the flag is displayed.

2017-S4539 (ACTIVE) - Sponsor Memo

2017-S4539 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4539
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in  relation  to  the  rights  of
   tenants to display the flag of the United States
 
   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
 223-c to read as follows:
   § 223-C. RIGHTS OF TENANTS TO DISPLAY THE FLAG OF THE UNITED STATES IN
 CERTAIN  AREAS.  1. NO LANDLORD SHALL PROHIBIT A TENANT FROM ENGAGING IN
 THE DISPLAY OF THE FLAG OF THE UNITED STATES IF THE FLAG IS DISPLAYED IN
 ACCORDANCE WITH:
   A. THE PATRIOTIC CUSTOMS SET FORTH IN 4  U.S.C.  5-10,  GOVERNING  THE
 DISPLAY AND USE OF THE FLAG OF THE UNITED STATES;
   B. FEDERAL LAW, STATE LAW, OR ANY LOCAL ORDINANCE OR RESOLUTION; AND
   C. DOES NOT INFRINGE UPON THE SPACE RENTED BY ANY OTHER TENANT.
   2. AS USED IN THIS SECTION, "DISPLAY OF THE FLAG OF THE UNITED STATES"
 MEANS A FLAG OF THE UNITED STATES THAT IS:
   A. MADE OF CLOTH, FABRIC OR PAPER;
   B. DISPLAYED FROM A POLE OR STAFF OR IN A WINDOW; AND
   C. DISPLAYED IN A MANNER THAT IS CONSISTENT WITH 4 U.S.C. CHAPTER 1.
   3.  A  TENANT WHO REQUESTS TO DISPLAY THE FLAG OF THE UNITED STATES AT
 THE RENTAL PROPERTY AS PROVIDED IN THIS SECTION, SHALL CONTACT THE LAND-
 LORD WITH REASONABLE NOTICE BEFORE DISPLAY TO DISCUSS THE FOLLOWING:
   A. PLACEMENT IN COMPLIANCE WITH ANY LOCAL ZONING RESTRICTIONS; AND
   B. THE APPROPRIATE SIZE OF THE FLAG, WHICH SHALL  BE  CONSISTENT  WITH
 THE SIZE AND CHARACTER OF THE DWELLING UNIT.
   4.  NOTHING  IN  THIS  SECTION  EXEMPTS A TENANT FROM A PROVISION IN A
 LEASE AGREEMENT THAT REQUIRES A TENANT, AT THE TERMINATION OF  A  LEASE,
 TO  RETURN  THE  PREMISES IN THE SAME CONDITION AS THEY WERE IN WHEN THE
 TENANT TOOK POSSESSION.
   5. THE TENANT IS LIABLE FOR DAMAGES CAUSED BY  A  UNITED  STATES  FLAG
 DISPLAYED BY A TENANT.
   § 2. This act shall take effect immediately.

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