NY State Senate Bill 2019-S7878

Archive: Last Bill Status - In Senate Committee Judiciary 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2020	referred to judiciary

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

2019-S7878 (ACTIVE) - Summary

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

2019-S7878 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7878

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the real property law, in relation to the issuance of
certificates of occupancy for rental property damaged by fire

 
PURPOSE:

To ensure that fire damaged rental properties are repaired and safe to
live in before being placed back on the market.

 
SUMMARY OF PROVISIONS:

Adds a new section 235-bbb to the real property law that requires owners
of rental units damaged by fire shall obtain certificates of occupancy
or written statements of inspection that shall only be issued if such
real property is habitable and no building code violations are present.
Requires that tenants be provided with an actual copy of the certificate
or statement prior to the execution of a lease or rental agreement.

Establishes that real property shall be considered damaged by fire if
the damage resulting from such fire exceeds $1,000.

 
JUSTIFICATION:

In late 2019, the Syracuse Post-Standard reported a story about the
active rental of a fire-damaged property. Shortly after the tragic death
of a young woman, an apartment was rented to a Syracuse family.  The
apartment was placed on the market with smoke stains still on the walls,
a bathtub blackened by ash, and no smoke detectors. While this situation
is rare in New York State, it is imperative that we ensure that fire-
damaged properties be restored to habitable conditions before they are
listed for rent again. This legislation will ensure that no families
move into fire-damaged properties in this state.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
30 days after becoming law.

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

                       [ ] is old law to be omitted.
                                                            LBD13984-02-9

 S. 7878                             2
 
   4. FOR PURPOSES OF THIS SECTION, REAL  PROPERTY  SHALL  BE  CONSIDERED
 DAMAGED BY FIRE IF THE DAMAGE RESULTING FROM SUCH FIRE EXCEEDS ONE THOU-
 SAND DOLLARS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S7878

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S7878 (ACTIVE) - Details

2019-S7878 (ACTIVE) - Summary

2019-S7878 (ACTIVE) - Sponsor Memo

2019-S7878 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7878

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Sponsored By

Rachel May

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2019-S7878 (ACTIVE) - Details

2019-S7878 (ACTIVE) - Summary

2019-S7878 (ACTIVE) - Sponsor Memo

2019-S7878 (ACTIVE) - Bill Text download pdf

Comments