Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Feb 06, 2018 |
referred to judiciary delivered to assembly passed senate |
Jan 23, 2018 |
advanced to third reading |
Jan 22, 2018 |
2nd report cal. |
Jan 17, 2018 |
1st report cal.195 |
Jan 03, 2018 |
referred to judiciary returned to senate died in assembly |
May 24, 2017 |
referred to judiciary delivered to assembly passed senate |
May 01, 2017 |
advanced to third reading |
Apr 26, 2017 |
2nd report cal. |
Apr 25, 2017 |
1st report cal.628 |
Feb 16, 2017 |
referred to judiciary |
Senate Bill S4539
2017-2018 Legislative Session
Sponsored By
(R, C, IP) 54th Senate District
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
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
2017-S4539 (ACTIVE) - Details
2017-S4539 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4539 TITLE OF BILL : An act to amend the real property law, in relation to the rights of tenants to display the flag of the United States PURPOSE : To allow those who rent property to have the privilege to display the American flag. SUMMARY OF PROVISIONS : Section 1 amends the Real Property Law by adding a new section 223-c. Section 2 provides the effective date. JUSTIFICATION : The Freedom to Display the American Flag Act of 2005 primarily provides protections for homeowners to display the American flag on their property. These same protections are often times not provided to those who rent property. Owners of rental properties even have the ability to ban such display by their tenants. New York has created protections for condominium owners through the State's Condominium Act. Section 339-j of Article 9-B of the Real
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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