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Senate Bill S7878

2019-2020 Legislative Session

Requires the issuance of certificates of occupancy for rental property damaged by fire

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2019-S7878 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-bbb, RP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S628
2023-2024: S2072
2025-2026: S4409

2019-S7878 (ACTIVE) - Summary

Requires the issuance of certificates of occupancy for rental property damaged by fire.

2019-S7878 (ACTIVE) - Sponsor Memo

2019-S7878 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7878
 
                             I N  S E N A T E
 
                             February 27, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  issuance  of
   certificates of occupancy for rental property damaged by fire
 
   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-bbb to read as follows:
   § 235-BBB. CERTIFICATES OF OCCUPANCY; FIRE DAMAGE. 1. PRIOR TO EXECUT-
 ING  A RESIDENTIAL LEASE OR RENTAL AGREEMENT WITH A TENANT, THE OWNER OF
 REAL PROPERTY CONSISTING OF ONE OR  MORE  RENTAL  UNITS  THAT  HAS  BEEN
 DAMAGED BY FIRE SHALL:
   (A)  IF  THE  REAL  PROPERTY  IS LOCATED IN A MUNICIPALITY THAT ISSUES
 CERTIFICATES OF OCCUPANCY, OBTAIN A CERTIFICATE OF OCCUPANCY  FROM  SUCH
 MUNICIPALITY. SUCH CERTIFICATE OF OCCUPANCY SHALL ONLY BE ISSUED IF SUCH
 REAL  PROPERTY IS HABITABLE AND NO BUILDING CODE VIOLATIONS ARE PRESENT.
 SUCH CERTIFICATE OF OCCUPANCY SHALL ONLY BE VALID IF IT IS DATED  SUBSE-
 QUENT TO THE DATE SUCH PROPERTY WAS DAMAGED BY FIRE; OR
   (B)  IF  THE  REAL PROPERTY IS LOCATED IN A MUNICIPALITY THAT DOES NOT
 ISSUE  CERTIFICATES  OF  OCCUPANCY,  OBTAIN  A  WRITTEN   STATEMENT   OF
 INSPECTION  FROM  THE  BUILDING CODE ENFORCEMENT OFFICER OF SUCH MUNICI-
 PALITY  OR  AN  INDEPENDENT  BUILDING  INSPECTOR.  SUCH   STATEMENT   OF
 INSPECTION  SHALL  ONLY BE ISSUED IF SUCH REAL PROPERTY IS HABITABLE AND
 NO BUILDING CODE VIOLATIONS ARE PRESENT. SUCH  STATEMENT  OF  INSPECTION
 SHALL  ONLY BE VALID IF IT IS DATED SUBSEQUENT TO THE DATE SUCH PROPERTY
 WAS DAMAGED BY FIRE.
   2. PRIOR TO EXECUTING A RESIDENTIAL LEASE OR RENTAL AGREEMENT  WITH  A
 TENANT,  THE  OWNER  OF REAL PROPERTY SUBJECT TO SUBDIVISION ONE OF THIS
 SECTION SHALL PROVIDE AN ACTUAL COPY OF THE VALID CERTIFICATE  OF  OCCU-
 PANCY  OR  STATEMENT  OF INSPECTION REQUIRED BY SUCH SUBDIVISION TO SUCH
 TENANT.
   3. ANY AGREEMENT BY AN OWNER OF REAL PROPERTY OR  TENANT  OF  PREMISES
 FOR  DWELLING  PURPOSES  WAIVING  OR  MODIFYING HIS OR HER RIGHTS AS SET
 FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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