Senate Bill S3897B

2017-2018 Legislative Session

Relates to home improvement contract provisions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Bill Amendments

2017-S3897 - Details

See Assembly Version of this Bill:
A3246
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §770, add §771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7339
2019-2020: S1405, A7531

2017-S3897 - Summary

Relates to home improvement contract provisions.

2017-S3897 - Sponsor Memo

2017-S3897 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3897
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend  the  general  business  law,  in  relation  to  roofing
   contract provisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 770 of the  general  business  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.  "ROOFING  CONTRACTORS"  MEANS  RESIDENTIAL  OWNERS AND FARMERS WHO
 PERFORM THEIR OWN ROOFING IMPROVEMENT WORK AND  ANY  FEDERAL,  STATE  OR
 MUNICIPAL EMPLOYEES PERFORMING ROOFING WORK.
   § 2. The general business law is amended by adding a new section 771-b
 to read as follows:
   §  771-B. REQUIREMENTS AND RESPONSIBILITIES OF ROOFING CONTRACTORS. 1.
 A ROOFING CONTRACTOR SHALL ENTER INTO A WRITTEN CONTRACT WITH A PROPERTY
 OWNER BEFORE ENGAGING IN  ROOF  REPAIR  SERVICES.  SUCH  CONTRACT  SHALL
 FOLLOW  ALL OF THE REQUIREMENTS FOR A HOME IMPROVEMENT CONTRACTOR PURSU-
 ANT TO SECTION SEVEN HUNDRED SEVENTY-ONE-A OF THIS ARTICLE.
   2. ROOFING CONTRACTORS ARE PROHIBITED FROM ADVERTISING,  PROMISING  TO
 PAY  OR REBATE ANY OR ALL OF AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO
 THE SALE OF ANY GOODS OR SERVICES.
   3. A HOMEOWNER HAS THE RIGHT TO CANCEL A ROOFING IMPROVEMENT  CONTRACT
 WITHIN  THREE  BUSINESS  DAYS  AFTER  NOTICE FROM THEIR INSURER THAT THE
 CLAIM FOR REPAIRS HAS BEEN DENIED IN WHOLE OR IN PART.
   4. AN OWNER SHALL NOT  BE  RESPONSIBLE  FOR  ANY  PAYMENTS  AFTER  THE
 CONTRACT  HAS  BEEN CANCELLED EXCEPT FOR WORK DONE BEFORE SUCH CANCELLA-
 TION. SUCH RIGHT SHALL NOT APPLY TO EMERGENCY REPAIRS WHERE THE WORK WAS
 INITIATED BY THE OWNER TO MEET A BONA FIDE EMERGENCY OF  THE  OWNER  AND
 THE  ROOFING  CONTRACTOR  IS  ENTITLED  TO  THE REASONABLE VALUE OF SUCH
 REPAIRS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09369-01-7
              

co-Sponsors

2017-S3897A - Details

See Assembly Version of this Bill:
A3246
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §770, add §771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7339
2019-2020: S1405, A7531

2017-S3897A - Summary

Relates to home improvement contract provisions.

2017-S3897A - Sponsor Memo

2017-S3897A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3897--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend  the  general  business  law,  in  relation  to  roofing
   contract provisions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 770 of the  general  business  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8. "ROOFING CONTRACTOR" MEANS A PERSON, FIRM OR CORPORATION, INCLUDING
 BUT  NOT  LIMITED TO, A PERSON THAT IS A NONRESIDENT ROOFING CONTRACTOR,
 INDEPENDENT CONTRACTOR, DAY LABORER  OR  SUBCONTRACTOR  ENGAGED  IN  THE
 BUSINESS  OF  ROOFING, GUTTER, DOWNSPOUT OR SIDING SERVICES FOR A FEE OR
 WHO OFFERS TO ENGAGE IN OR SOLICITS ROOFING-RELATED SERVICES,  INCLUDING
 CONSTRUCTION,  INSTALLATION, RENOVATION, REPAIR, MAINTENANCE, ALTERATION
 OR WATERPROOFING. THIS DEFINITION SHALL NOT INCLUDE A PERSON ENGAGED  IN
 THE  DEMOLITION  OF A STRUCTURE OR THE CLEANUP OF CONSTRUCTION WASTE AND
 DEBRIS THAT CONTAINS ROOFING MATERIAL, NOR A PERSON ENGAGED IN  BUILDING
 A  NEW  HOME  OR  HOUSING  DEVELOPMENT.  "ROOFING  CONTRACTOR" SHALL NOT
 INCLUDE:
   (A) AN OWNER OR FARM PROPERTY OWNER WHO PHYSICALLY  PERFORMS,  OR  HAS
 EMPLOYEES  WHO  PERFORM  REPAIRING, REMODELING, ALTERING, CONVERTING, OR
 MODERNIZING OF, OR ADDING TO, THEIR OWN DWELLING  OR  ANOTHER  STRUCTURE
 LOCATED  ON THE PROPERTY OWNED BY THE PERSON WITHOUT THE ASSISTANCE OF A
 ROOFING CONTRACTOR.
   (B) ANY AUTHORIZED EMPLOYEE OR REPRESENTATIVE  OF  THE  UNITED  STATES
 GOVERNMENT, THE STATE OF NEW YORK, OR ANY POLITICAL SUBDIVISION PERFORM-
 ING  THE REPAIRING, REMODELING, ALTERING, CONVERTING, OR MODERNIZING OF,
 OR ADDING TO, GOVERNMENT PROPERTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09369-03-7
              

co-Sponsors

2017-S3897B (ACTIVE) - Details

See Assembly Version of this Bill:
A3246
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §770, add §771-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7339
2019-2020: S1405, A7531

2017-S3897B (ACTIVE) - Summary

Relates to home improvement contract provisions.

2017-S3897B (ACTIVE) - Sponsor Memo

2017-S3897B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3897--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced by Sens. CARLUCCI, KENNEDY -- read twice and ordered printed,
   and  when  printed  to  be  committed  to  the  Committee  on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Consumer  Protection  in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  general  business  law,  in relation to roofing
   contract provisions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  770  of  the  general business law is amended by
 adding a new subdivision 8 to read as follows:
   8. "ROOFING CONTRACTOR" MEANS A PERSON, FIRM OR CORPORATION, INCLUDING
 BUT NOT LIMITED TO, A PERSON THAT IS A NONRESIDENT  ROOFING  CONTRACTOR,
 INDEPENDENT  CONTRACTOR,  DAY  LABORER  OR  SUBCONTRACTOR ENGAGED IN THE
 BUSINESS OF ROOFING, GUTTER, DOWNSPOUT OR SIDING SERVICES FOR A  FEE  OR
 WHO  OFFERS TO ENGAGE IN OR SOLICITS ROOFING-RELATED SERVICES, INCLUDING
 CONSTRUCTION, INSTALLATION, RENOVATION, REPAIR, MAINTENANCE,  ALTERATION
 OR  WATERPROOFING. THIS DEFINITION SHALL NOT INCLUDE A PERSON ENGAGED IN
 THE DEMOLITION OF A STRUCTURE OR THE CLEANUP OF CONSTRUCTION  WASTE  AND
 DEBRIS  THAT CONTAINS ROOFING MATERIAL, NOR A PERSON ENGAGED IN BUILDING
 A NEW HOME  OR  HOUSING  DEVELOPMENT.  "ROOFING  CONTRACTOR"  SHALL  NOT
 INCLUDE:
   (A)  AN  OWNER  OR FARM PROPERTY OWNER WHO PHYSICALLY PERFORMS, OR HAS
 EMPLOYEES WHO PERFORM REPAIRING, REMODELING,  ALTERING,  CONVERTING,  OR
 MODERNIZING  OF,  OR  ADDING TO, THEIR OWN DWELLING OR ANOTHER STRUCTURE
 LOCATED ON THE PROPERTY OWNED BY THE PERSON WITHOUT THE ASSISTANCE OF  A
 ROOFING CONTRACTOR.
   (B)  ANY  AUTHORIZED  EMPLOYEE  OR REPRESENTATIVE OF THE UNITED STATES
 GOVERNMENT, THE STATE OF NEW YORK, OR ANY POLITICAL SUBDIVISION PERFORM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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