S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4199
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  requiring  owners
   of  multiple  dwelling properties to develop, implement and distribute
   smoking policies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative findings.   Secondhand smoke is produced from
 the lighted end of tobacco products and from smoke exhaled from a  smok-
 er.  Secondhand smoke is a known carcinogen and exposure to it is linked
 to  increased  risk  of  cancer,  respiratory  complications  and  heart
 disease.  Any  level of exposure to secondhand smoke is harmful to chil-
 dren and adults; it is estimated that 3,400  nonsmoking  adults  die  of
 lung cancer and up to one million asthmatic children have worsened asth-
 ma  and  asthma-related  problems  each  year  in the United States as a
 result of inhaling secondhand smoke.  Private owners and public  housing
 authorities may restrict smoking in or on their properties. In buildings
 with  multifamily  units,  smoke  can  spread  between units through air
 ducts, cracks and elevator shafts and  involuntarily  expose  nonsmoking
 tenants.  Secondhand  smoke often cannot be controlled using ventilation
 systems, air cleaning,  or  separating  non-smokers  from  smokers.  The
 intent  of  this  legislation  is to require owners of multiple dwelling
 properties to develop, incorporate into leases and  condominium  bylaws,
 and  to  distribute smoking policies to current and prospective tenants.
 The bill acts to help nonsmokers protect themselves and  their  families
 from secondhand smoke by providing information they can weigh in select-
 ing  a  new  residence in a multiple dwelling building and to reduce the
 number of conflicts between nonsmokers and smokers.
   § 2. The public health law is amended by adding a new  section  1399-y
 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00650-01-9
              

 S. 4199                             2
 
   §  1399-Y.   MULTIPLE DWELLING SMOKING POLICY. 1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "MULTIPLE  DWELLING" MEANS: (I) A MULTIPLE DWELLING THAT IS OCCU-
 PIED FOR PERMANENT RESIDENCE PURPOSES OF THREE OR MORE  FAMILIES  LIVING
 INDEPENDENTLY OF EACH OTHER.
   (II)  FOR  PURPOSES  OF THIS PARAGRAPH, "PERMANENT RESIDENCE PURPOSES"
 SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE SAME NATURAL PERSON
 OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE.
   (B) "DWELLING UNIT" MEANS ANY ROOM OR GROUP OF ROOMS LOCATED WITHIN  A
 DWELLING  AND  FORMING A SINGLE HABITABLE UNIT WITH FACILITIES WHICH ARE
 USED OR INTENDED TO BE USED FOR LIVING OR SLEEPING BY HUMAN OCCUPANTS.
   (C) "OWNER" MEANS:  (I) IN THE CASE OF A BUILDING WITH RENTAL DWELLING
 UNITS, OTHER THAN A CONDOMINIUM OR A COOPERATIVE APARTMENT  CORPORATION,
 THE  OWNER OF RECORD; OR (II) IN THE CASE OF A CONDOMINIUM, THE BOARD OF
 MANAGERS; OR (III) IN THE CASE OF A COOPERATIVE  APARTMENT  CORPORATION,
 THE BOARD OF DIRECTORS.
   (D)  "UNIT OWNER" MEANS: (I) IN THE CASE OF A CONDOMINIUM, ANY PERSON,
 INCLUDING A SPONSOR, WHO, ALONE, JOINTLY OR SEVERALLY  WITH  ANOTHER  OR
 OTHERS  HAS  LEGAL  TITLE  TO ANY DWELLING UNIT IN THE BUILDING, WITH OR
 WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF; OR (II) IN THE CASE OF A
 COOPERATIVE APARTMENT CORPORATION, ANY PERSON, INCLUDING A SPONSOR, WHO,
 ALONE, JOINTLY OR SEVERALLY WITH ANOTHER OR OTHERS HAS THE  LEGAL  RIGHT
 TO OCCUPY ANY DWELLING UNIT THROUGH OWNERSHIP INTERESTS IN A COOPERATIVE
 APARTMENT  CORPORATION,  WITH  OR WITHOUT ACCOMPANYING ACTUAL POSSESSION
 THEREOF.
   (E) WHEN REFERRING TO A DWELLING UNIT IN A MULTIPLE DWELLING, "TENANT"
 MEANS A TENANT, TENANT-STOCKHOLDER OF  A  COOPERATIVE  APARTMENT  CORPO-
 RATION,  CONDOMINIUM  UNIT  OWNER, SUBTENANT, LESSEE, SUBLESSEE OR OTHER
 PERSON ENTITLED TO THE POSSESSION OR TO THE USE OR OCCUPANCY OF A DWELL-
 ING UNIT.
   2. AN OWNER OF A MULTIPLE DWELLING PROPERTY IS HEREBY REQUIRED TO:
   (A) DEVELOP AND IMPLEMENT A WRITTEN SMOKING POLICY THAT DETAILS  WHERE
 AND  WHEN  SMOKING  IS  PERMITTED  OR  PROHIBITED, ADDRESSING ALL INDOOR
 LOCATIONS OF THE PROPERTY IN QUESTION, INCLUDING COMMON AREAS AND DWELL-
 ING UNITS, AND ALL OUTDOOR AREAS, INCLUDING COMMON COURTYARDS,  ROOFTOPS
 AND  BALCONIES,  PATIOS  AND  OTHER  OUTDOOR AREAS CONNECTED TO DWELLING
 UNITS, AND THAT APPLIES TO ALL TENANTS AND ANY OTHER PERSON ON THE PREM-
 ISES;
   (B) DISTRIBUTE THE SMOKING POLICY TO ALL CURRENT TENANTS OF THE MULTI-
 PLE DWELLING WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION OR
 OF DEVELOPMENT OF A NEW OR AMENDED SMOKING POLICY;
   (C) POST A COPY OF THE SMOKING POLICY IN THE FOLLOWING COMMON AREAS OF
 THE MULTIPLE DWELLING, IF APPLICABLE: ALL ENTRANCES, WALLS  ADJACENT  TO
 ELEVATORS AND MAILBOXES, LAUNDRY ROOMS AND ANY OTHER COMMON ROOMS;
   (D)  IN  THE CASE OF A RENTAL BUILDING, INCORPORATE THE SMOKING POLICY
 INTO THE LEASE FOR ANY DWELLING UNIT, AND IN THE CASE OF A  CONDOMINIUM,
 INCORPORATE THE SMOKING POLICY INTO THE CONDOMINIUM BYLAWS;
   (E) IN THE CASE OF A BUILDING WITH RENTAL DWELLING UNITS, OTHER THAN A
 CONDOMINIUM  OR  A  COOPERATIVE APARTMENT CORPORATION, PROVIDE A COPY OF
 THE SMOKING POLICY TO ALL CURRENT AND PROSPECTIVE  TENANTS  BEFORE  THEY
 ENTER INTO ORAL LEASES OR AGREEMENTS TO RENT;
   (F)  ON  AN  ANNUAL BASIS, PROVIDE A COPY OF THE SMOKING POLICY TO ALL
 TENANTS;
   (G) PROVIDE A COPY OF THE SMOKING POLICY UPON REQUEST TO  ANY  PERSON;
 AND

 S. 4199                             3
 
   (H) MAKE AVAILABLE FOR INSPECTION BY THE ENFORCEMENT OFFICER COPIES OF
 THE  FOLLOWING:  (I)  THE ANNUAL DISCLOSURE REQUIRED BY PARAGRAPH (F) OF
 THIS SUBDIVISION FOR THE CURRENT YEAR; AND (II) EACH NOTIFICATION OF  AN
 AMENDMENT  MADE  WITHIN  THE PAST YEAR PURSUANT TO PARAGRAPH (B) OF THIS
 SUBDIVISION.
   3.  NOTHING IN THIS SECTION SHALL AUTHORIZE AN OWNER TO ADOPT A POLICY
 THAT THE OWNER IS NOT OTHERWISE AUTHORIZED TO ADOPT.  THE SMOKING POLICY
 AND ANY AMENDMENTS THERETO SHALL BE BINDING ON A TENANT RENTING OR LEAS-
 ING  A DWELLING UNIT ONLY TO THE EXTENT PROVIDED IN SUCH TENANT'S EXIST-
 ING LEASE OR SUBLEASE AGREEMENT, PROVIDED THAT THE  SMOKING  POLICY  AND
 ANY  AMENDMENTS  THERETO SHALL NOT BE BINDING ON ANY TENANT IN OCCUPANCY
 OF A RENT CONTROLLED OR RENT  STABILIZED  DWELLING  UNIT  PRIOR  TO  THE
 ADOPTION OF THE INITIAL SMOKING POLICY AS REQUIRED IN THIS SECTION.
   4.  (A)  AN OWNER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 SUBJECT TO THE IMPOSITION BY THE  ENFORCEMENT  OFFICER,  AS  DEFINED  BY
 SUBDIVISION  ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-T OF THIS ARTI-
 CLE OF A CIVIL PENALTY.  BEFORE  IMPOSING  SUCH  A  CIVIL  PENALTY,  THE
 ENFORCEMENT OFFICER SHALL NOTIFY THE OWNER IN WRITING OF THE REASONS FOR
 SUCH  IMPOSITION  OF A CIVIL PENALTY AND AFFORD THE OWNER AN OPPORTUNITY
 TO BE HEARD IN PERSON OR BY COUNSEL. PRIOR  TO  THE  IMPOSITION  OF  THE
 FIRST  CIVIL  PENALTY FOR AN ALLEGED VIOLATION OF THE PROVISIONS OF THIS
 SECTION, THE ENFORCEMENT OFFICER SHALL ISSUE A  WARNING  TO  THE  OWNER,
 PROVIDE  INFORMATION  TO  THE OWNER ABOUT THE PROVISIONS OF THIS SECTION
 AND PROVIDE THE OWNER THIRTY DAYS TO COMPLY WITH THE PROVISIONS OF  THIS
 SECTION.    FAILURE  TO  COMPLY  WITHIN SUCH THIRTY DAY TIME PERIOD WILL
 RESULT IN IMPOSITION OF A CIVIL PENALTY OF NOT LESS  THAN  FIVE  HUNDRED
 DOLLARS.
   (B)  ANY PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
 MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
   5. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED  TO  RESTRICT
 LOCAL  JURISDICTIONS  FROM  ENACTING MORE STRINGENT LAWS, RULES OR REGU-
 LATIONS REGARDING THE SUBJECT MATTER REFERENCED HEREIN.
   § 3. This act shall take effect one year after it shall have become  a
 law.