BILL NUMBER: S5787

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the public health law and the multiple
dwelling law, in relation to prohibiting smoking in multiple dwellings
constructed after January 1, 2020 in certain cities

 
PURPOSE OR GENERAL IDEA OF BILL:  The bill will ban smoking in multi-
ple dwellings that receive their certificate of occupancy on or after
January 1, 2020. It will combat the dangers, risks and nuisances associ-
ated with smoking inside of multiple dwellings and their units and
create a safer, healthier living environment for New Yorkers living in
these multiple dwellings.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new paragraph to subdivision 1 of section
1399-o of the Public Health Law to prohibit smoking and vaping in multi-
ple dwellings and the units therein for dwellings for which a certif-
icate of occupancy has been granted on or after January 1, 2020, appli-
cable only to cities with a population of one million or more.
              

Section two of the bill amends subdivision 1 of section 1399-q of the
Public Health Law to clarify that multiple dwellings and the units ther-
ein for dwellings for which a certificate of occupancy has been granted
on or after January 1, 2020, in cities with a population of one million
or more, are not exempt from the provisions of the article, which
prohibits smoking and vaping in certain spaces.

Section three of the bill adds a new subdivision (7) to section 1399-o
of the Public Health Law to define the completion of construction as the
time in which the certificate of occupancy is issued to a multiple
dwelling and outlines the purpose of the law as prohibiting smoking in
multiple dwellings for which construction is completed on or after Janu-
ary 1, 2020, in cities with a population of a million or more.

Section four of the bill amends the Multiple Dwelling Law by adding a
new section (85) to reiterate the prohibition of smoking in new multiple
dwellings in a city of one million or more, that are issued a certif-
icate of occupancy on or after January 1, 2020.

Section five of the bill provides the effective date as immediately.

 
JUSTIFICATION:

Cities that have a population of one million or more in our State have
essentially exhausted their authority in maintaining smoke-free, healthy
spaces for its residents. This bill enhances the existing State and
municipal protections from the health hazards and public safety risks of
smoking indoors and in shared spaces.

The bill will hold a deep impact on the future of New York as new multi-
ple dwellings, which constitute almost all of the new housing infras-
tructure being built in cities with a population of one million or more
in our State, will be subject to more comprehensive and effective public
health and safety standards as a result of this legislation.



The bill will protect newly constructed infrastructure from imminent
dangers and toxic contamination as well as protect the immediate health
of residents of these dwellings.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately