Bill Text: NY A02865 | 2017-2018 | General Assembly | Amended


Bill Title: Requires that landlords ensure that any window treatments installed in a residential unit are in proper working order.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2018-01-03 - referred to housing [A02865 Detail]

Download: New_York-2017-A02865-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2865--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by M. of A. McDONALD, ORTIZ -- read once and referred to the
          Committee on Housing -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the real property law, in relation to requiring that
          landlords ensure that any window treatments installed in a residential
          unit are in proper working order
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivisions 2 and 3 of section 235-b of the real property
     2  law are renumbered subdivisions 3 and 4 and a new subdivision 2 is added
     3  to read as follows:
     4    2. Any window covering, including, but not limited to, blinds, shades,
     5  valances, or  curtains,  installed  by  a  landlord  shall  be  properly
     6  installed  and in working order according to manufacturer specifications
     7  and instructions and shall comply with  all  the  safety  standards  and
     8  conditions delineated in the two thousand twelve American National Stan-
     9  dard  for  Safety  of  Corded Window Covering Products. The failure of a
    10  landlord to comply with the provisions  of  this  subdivision  shall  be
    11  deemed a breach of the warranty of habitability.
    12    § 2. Subdivision m of section 233 of the real property law, as amended
    13  by chapter 566 of the laws of 1996, is amended to read as follows:
    14    m.  Warranty  of habitability, maintenance, disruption of services. In
    15  every written or oral lease or rental agreement entered into by a  manu-
    16  factured home tenant, the manufactured home park owner or operator shall
    17  be  deemed to covenant and warrant that the premises so leased or rented
    18  and the manufactured home if rented and all  areas  used  in  connection
    19  therewith  in  common  with other manufactured home tenants or residents
    20  including all roads within the manufactured home park are fit for  human
    21  habitation  and for the uses reasonably intended by the parties and that
    22  the occupants of such premises and such  manufactured  homes  if  rented
    23  shall  not  be  subjected  to  any  conditions which would be dangerous,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04398-03-7

        A. 2865--A                          2
     1  hazardous or detrimental to their life, health or safety.  When any such
     2  condition has been caused by the misconduct  of  the  manufactured  home
     3  tenant or lessee or persons under his direction or control, it shall not
     4  constitute  a  breach  of  such covenants and warranties. The rights and
     5  obligations of the manufactured home park  owner  or  operator  and  the
     6  manufactured  home  tenant  shall  be governed by the provisions of this
     7  subdivision and subdivisions two [and], three and four  of  section  two
     8  hundred thirty-five-b of this article.
     9    §  3.  This  act shall take effect on the ninetieth day after it shall
    10  have become a law.
feedback