S T A T E O F N E W Y O R K
________________________________________________________________________
6539
2023-2024 Regular Sessions
I N S E N A T E
April 26, 2023
___________
Introduced by Sen. JACKSON -- 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 installation
of appliances or fixtures by tenants
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
226-aa to read as follows:
§ 226-AA. INSTALLATION OF APPLIANCES OR FIXTURES BY TENANT. 1. NO
LANDLORD SHALL RESTRICT THE INSTALLATION OF APPLIANCES OR FIXTURES BY A
RESIDENTIAL TENANT, SO LONG AS THE APPLIANCES OR FIXTURES ARE IN COMPLI-
ANCE WITH APPLICABLE BUILDING CODES OR OTHER PROVISIONS OF LAW AND
FURTHER PROVIDED THE RESIDENTIAL TENANT HAS SOUGHT IN WRITING AND
OBTAINED WRITTEN CONSENT FROM THE LANDLORD FOR SUCH INSTALLATION. THE
LANDLORD SHALL RESPOND IN WRITING TO A RESIDENTIAL TENANT'S REQUEST FOR
SUCH RESIDENTIAL TENANT TO INSTALL APPLIANCES OR FIXTURES WITHIN THIRTY
DAYS OF SUCH REQUEST. ANY DENIAL OF A RESIDENTIAL TENANT'S REQUEST TO
INSTALL APPLIANCES OR FIXTURES SHALL INCLUDE THE SPECIFIC REASON FOR
SUCH DENIAL AND REFERENCE THE SPECIFIC APPLICABLE BUILDING CODES OR
OTHER PROVISIONS OF LAW WITH WHICH SUCH INSTALLATION IS NOT IN COMPLI-
ANCE.
2. NOTHING IN THIS SECTION SHALL REQUIRE A LANDLORD TO ALTER THE
UNIT'S UTILITIES FOR THE INSTALLATION OF ANY APPLIANCES OR FIXTURES BY
THE RESIDENTIAL TENANT.
3. THE IMPOSITION OF ANY SURCHARGE FOR THE INSTALLATION OR USE OF A
RESIDENTIAL TENANT-INSTALLED APPLIANCE OR FIXTURE IS PROHIBITED WHERE
THE RESIDENTIAL TENANT PAYS FOR THE APPLICABLE UTILITY SERVICE DIRECTLY
TO THE PROVIDER.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09422-02-3