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Senate Bill S3462

2025-2026 Legislative Session

Provides that a tenant has the right to display the United States flag

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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S3462 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §223-c, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4539
2019-2020: S173
2021-2022: S2581
2023-2024: S2288

2025-S3462 (ACTIVE) - Summary

Relates to the rights of tenants to display the flag of the United States.

2025-S3462 (ACTIVE) - Sponsor Memo

2025-S3462 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3462
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sen. HELMING -- 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  rights  of
   tenants to display the flag of the United States
 
   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
 223-c to read as follows:
   § 223-C. RIGHTS OF TENANTS TO DISPLAY THE FLAG OF THE UNITED STATES IN
 CERTAIN  AREAS.  1. NO LANDLORD SHALL PROHIBIT A TENANT FROM ENGAGING IN
 THE DISPLAY OF THE FLAG OF THE UNITED STATES IF THE FLAG IS DISPLAYED IN
 ACCORDANCE WITH:
   A. THE PATRIOTIC CUSTOMS SET FORTH IN 4  U.S.C.  5-10,  GOVERNING  THE
 DISPLAY AND USE OF THE FLAG OF THE UNITED STATES;
   B. FEDERAL LAW, STATE LAW, OR ANY LOCAL ORDINANCE OR RESOLUTION; AND
   C. DOES NOT INFRINGE UPON THE SPACE RENTED BY ANY OTHER TENANT.
   2. AS USED IN THIS SECTION, "DISPLAY OF THE FLAG OF THE UNITED STATES"
 MEANS A FLAG OF THE UNITED STATES THAT IS:
   A. MADE OF CLOTH, FABRIC OR PAPER;
   B. DISPLAYED FROM A POLE OR STAFF OR IN A WINDOW; AND
   C. DISPLAYED IN A MANNER THAT IS CONSISTENT WITH 4 U.S.C. CHAPTER 1.
   3.  A  TENANT WHO REQUESTS TO DISPLAY THE FLAG OF THE UNITED STATES AT
 THE RENTAL PROPERTY AS PROVIDED IN THIS SECTION, SHALL CONTACT THE LAND-
 LORD WITH REASONABLE NOTICE BEFORE DISPLAY TO DISCUSS THE FOLLOWING:
   A. PLACEMENT IN COMPLIANCE WITH ANY LOCAL ZONING RESTRICTIONS; AND
   B. THE APPROPRIATE SIZE OF THE FLAG, WHICH SHALL  BE  CONSISTENT  WITH
 THE SIZE AND CHARACTER OF THE DWELLING UNIT.
   4.  NOTHING  IN  THIS  SECTION  EXEMPTS A TENANT FROM A PROVISION IN A
 LEASE AGREEMENT THAT REQUIRES A TENANT, AT THE TERMINATION OF  A  LEASE,
 TO  RETURN  THE  PREMISES IN THE SAME CONDITION AS THEY WERE IN WHEN THE
 TENANT TOOK POSSESSION.
   5. THE TENANT IS LIABLE FOR DAMAGES CAUSED BY  A  UNITED  STATES  FLAG
 DISPLAYED BY A TENANT.
   § 2. This act shall take effect immediately.

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