Bill Text: NY A03181 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the installation of radiator covers.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-06-05 - reported referred to codes [A03181 Detail]

Download: New_York-2011-A03181-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3181
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by M. of A. ROSENTHAL, JAFFEE -- Multi-Sponsored by -- M. of
         A. McENENY -- read once and referred to the Committee on Housing
       AN ACT to amend the real property law, in relation to  the  installation
         of radiator covers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 235-b of the real property law, as added by chapter
    2  597 of the laws of 1975, subdivision 3 as amended by chapter 403 of  the
    3  laws  of 1983, paragraph (c) of subdivision 3 as added by chapter 116 of
    4  the laws of 1997, is amended to read as follows:
    5    S 235-b. Warranty of habitability. 1. In every written or  oral  lease
    6  or  rental  agreement  for  residential  premises the landlord or lessor
    7  shall be deemed to covenant and warrant that the premises so  leased  or
    8  rented  and  all areas used in connection therewith in common with other
    9  tenants or residents are fit for  human  habitation  and  for  the  uses
   10  reasonably  intended by the parties and that the occupants of such prem-
   11  ises shall not be subjected to any conditions which would be  dangerous,
   12  hazardous  or detrimental to their life, health or safety. When any such
   13  condition has been caused by the misconduct of the tenant or  lessee  or
   14  persons under his direction or control, it shall not constitute a breach
   15  of such covenants and warranties.
   16    2.  (A)  IF A CHILD OF AGE TWELVE OR YOUNGER RESIDES WITHIN A TENANT'S
   17  DWELLING A LANDLORD SHALL, AT THE WRITTEN  REQUEST  OF  THE  TENANT,  BE
   18  RESPONSIBLE  FOR  THE  INSTALLATION OF A RADIATOR COVER ON ANY UNCOVERED
   19  RADIATOR THAT: CARRIES STEAM, WATER, OR  OTHER  FLUIDS  AT  TEMPERATURES
   20  EXCEEDING  ONE  HUNDRED SIXTY-FIVE DEGREES FAHRENHEIT; ARE NOT CURRENTLY
   21  COVERED IN A MANNER THAT ENSURES  THAT  THE  TEMPERATURE  OF  THE  OUTER
   22  SURFACE  DOES  NOT  EXCEED  ONE HUNDRED NINE DEGREES FAHRENHEIT; AND ARE
   23  LOCATED IN THE TENANT'S DWELLING. THE LANDLORD SHALL  HAVE  NINETY  DAYS
   24  AFTER  RECEIPT OF SUCH WRITTEN REQUEST TO COMPLETE THE INSTALLATION OF A
   25  RADIATOR COVER OR COVERS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04572-01-1
       A. 3181                             2
    1    (B) ANY FAILURE OF THE LANDLORD TO INSTALL A RADIATOR COVER,  PURSUANT
    2  TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION, SHALL BE DEEMED TO SUBJECT THE
    3  OCCUPANTS OF THE DWELLING TO CONDITIONS DANGEROUS, HAZARDOUS, OR  DETRI-
    4  MENTAL  TO  THEIR LIFE, HEALTH, OR SAFETY. IN ANY CASE IN WHICH A TENANT
    5  SHALL  MAKE  A PAYMENT IN ORDER TO INSTALL A REQUESTED RADIATOR COVER OR
    6  COVERS, FOLLOWING THE FAILURE OF THE LANDLORD  TO  INSTALL  SUCH  COVERS
    7  WITHIN  NINETY DAYS OF RECEIVING A WRITTEN REQUEST PURSUANT TO PARAGRAPH
    8  (A) OF THIS SUBDIVISION, THE TENANT MAY DEDUCT FROM THE RENT THE REASON-
    9  ABLE COST FOR THE INSTALLATION AND SHALL NOT BE LIABLE FOR  EVICTION  ON
   10  THE GROUND OF THAT DEDUCTION.
   11    [2]  3.   Any agreement by a lessee or tenant of a dwelling waiving or
   12  modifying his rights as set forth in  this  section  shall  be  void  as
   13  contrary to public policy.
   14    [3]  4.  In determining the amount of damages sustained by a tenant as
   15  a result of a breach of the warranty  set  forth  in  the  section,  the
   16  court;
   17    (a) need not require any expert testimony; [and]
   18    (b)  shall,  to the extent the warranty is breached or cannot be cured
   19  by reason of a strike or other labor dispute which is not caused  prima-
   20  rily by the individual landlord or lessor and such damages are attribut-
   21  able  to  such  strike,  exclude  recovery to such extent, except to the
   22  extent of the net savings, if any, to the landlord or lessor  by  reason
   23  of  such  strike  or  labor  dispute allocable to the tenant's premises,
   24  provided, however, that the landlord or [lesser] LESSOR has made a  good
   25  faith attempt, where practicable, to cure the breach[.]; AND
   26    (c)  where the premises is subject to regulation pursuant to the local
   27  emergency housing rent control law, the emergency tenant protection  act
   28  of nineteen seventy-four, the rent stabilization law of nineteen hundred
   29  sixty-nine  or  the  city rent and rehabilitation law, reduce the amount
   30  awarded hereunder by the total amount of any rent reduction  ordered  by
   31  the  state  division  of  housing and community renewal pursuant to such
   32  laws or act, awarded to the tenant, from the effective date of such rent
   33  reduction order, that relates to one or more matters for which relief is
   34  awarded hereunder.
   35    S 2. This act shall take effect on the ninetieth day  after  it  shall
   36  have become a law.