Bill Text: NY A05068 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires access to new homes by persons with disabilities.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A05068 Detail]
Download: New_York-2013-A05068-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5068
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
___________
Introduced by M. of A. MILLMAN, PAULIN, BARRON, TITUS, MAGNARELLI, PRET-
LOW, GALEF, DINOWITZ, MAISEL, ORTIZ, CASTRO, WEPRIN, ROSENTHAL,
ROBERTS -- Multi-Sponsored by -- M. of A. BARCLAY, CAHILL, GLICK,
GOTTFRIED, HOOPER, LIFTON, LUPARDO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property law, in relation to the visitability
of new homes by persons with disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The real property law is amended by adding a new article 16
2 to read as follows:
3 ARTICLE 16
4 VISITABILITY OF NEW CONSTRUCTION
5 SECTION 480. PURPOSE.
6 481. APPLICABILITY OF NEW CONSTRUCTION.
7 482. VISITABILITY REQUIREMENT.
8 483. EXCLUSION.
9 484. ENFORCEMENT.
10 S 480. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH MINIMUM
11 REGULATIONS FOR THE DESIGN AND CONSTRUCTION OF NEW HOMES TO PROVIDE
12 VISITABILITY TO SUCH HOMES BY PERSONS WITH DISABILITIES.
13 S 481. APPLICABILITY OF NEW CONSTRUCTION. ANY NEW DWELLING UNIT WHICH
14 WAS DESIGNED, CONSTRUCTED, OR COMMISSIONED, CONTRACTED OR OTHERWISE
15 ARRANGED FOR DESIGN OR CONSTRUCTION, BY ANY PERSON OR ENTITY WHO, AT ANY
16 TIME DURING THE COMMISSIONING DESIGN OR CONSTRUCTION, RECEIVED NEW YORK
17 STATE OR FEDERAL FINANCIAL ASSISTANCE FOR SUCH DESIGN OR CONSTRUCTION
18 SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE. STATE FINANCIAL
19 ASSISTANCE SHALL NOT INCLUDE LOANS BACKED BY THE STATE OF NEW YORK MORT-
20 GAGE AGENCY (SONYMA). FEDERAL FINANCIAL ASSISTANCE SHALL NOT INCLUDE
21 LOANS BACKED BY FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE) OR
22 FEDERAL HOUSING ADMINISTRATION (FHA) FINANCING OR OTHER MORTGAGE LOANS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01793-01-3
A. 5068 2
1 BACKED BY A FEDERAL MORTGAGE LOAN PROGRAM. FOR PURPOSES OF THIS
2 SECTION, THE TERM "DWELLING UNIT" SHALL MEAN A DETACHED SINGLE FAMILY
3 HOME, A GROUND FLOOR UNIT IN A TOWN HOUSE, OR A GROUND FLOOR UNIT IN A
4 BUILDING OF THREE OR FEWER DWELLING UNITS WHICH IS DESIGNED AS, OR
5 INTENDED FOR OCCUPANCY AS A RESIDENCE.
6 S 482. VISITABILITY REQUIREMENT. THE DESIGN AND CONSTRUCTION OF A NEW
7 DWELLING UNIT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
8 1. ACCESSIBLE ENTRANCE. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF
9 THIS SUBDIVISION, THE GROUND LEVEL OF SUCH DWELLING UNIT SHALL CONTAIN
10 AT LEAST ONE ENTRANCE TO THE DWELLING UNIT THAT:
11 (I) IS ACCESSIBLE TO, AND USABLE BY, PEOPLE WITH DISABILITIES SUCH
12 THAT ALL ROOMS ON THE LEVEL ARE CONNECTED BY AN ACCESSIBLE ROUTE;
13 (II) DOES NOT CONTAIN ANY STEPS OR ANY DOOR THRESHOLD THAT EXCEEDS
14 ONE-HALF INCH IN HEIGHT; AND
15 (III) IS LOCATED ON A CONTINUOUS UNOBSTRUCTED PATH FROM THE PUBLIC
16 STREET OR DRIVEWAY THAT SERVES THE UNIT, WHICH PATH AT NO POINT HAS A
17 SLOPE EXCEEDING ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH, HAS
18 A WIDTH OF NOT LESS THAN THIRTY-SIX INCHES AND HAS A CROSS SLOPE NOT
19 GREATER THAN TWO PERCENT OF THE WIDTH. SUCH UNOBSTRUCTED PATH SHALL BE
20 ABLE TO BE NEGOTIATED BY A PERSON AND MAY INCLUDE CURB RAMPS, PARKING
21 ACCESS AISLES, WALKS, AND RAMPS.
22 (B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
23 APPLY TO A DWELLING UNIT IF:
24 (I) THE FINISHED GRADE OF THE SITE IS TOO STEEP TO PROVIDE A PATH
25 HAVING A SLOPE OF ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH AT
26 THE FRONT, SIDE, OR BACK OF THE UNIT;
27 (II) THERE IS NO DRIVEWAY SERVING THE UNIT; AND
28 (III) THERE IS NO ALLEY OR OTHER ROADWAY CAPABLE OF PROVIDING VEHICU-
29 LAR ACCESS TO THE REAR OR SIDE OF THE UNIT.
30 2. ACCESSIBLE INTERIOR DOORS. ALL DOORS THAT ARE DESIGNED TO ALLOW
31 PASSAGE WITHIN THE GROUND LEVEL OF SUCH DWELLING UNIT SHALL HAVE AN
32 UNOBSTRUCTED OPENING OF AT LEAST THIRTY-SIX INCHES WHEN THE DOOR IS OPEN
33 AT A NINETY-DEGREE ANGLE.
34 3. ACCESSIBLE ENVIRONMENTAL CONTROLS. ALL ENVIRONMENTAL CONTROLS AND
35 OUTLETS LOCATED ON THE GROUND LEVEL OF SUCH DWELLING UNIT SHALL BE
36 LOCATED ON THE WALL AT LEAST FIFTEEN INCHES, BUT NOT MORE THAN
37 FORTY-EIGHT INCHES, ABOVE THE FLOOR OR, IN THE CASE OF ENVIRONMENTAL
38 CONTROLS AND OUTLETS LOCATED DIRECTLY ABOVE A COUNTER, SINK, OR APPLI-
39 ANCE, NOT MORE THAN THREE INCHES ABOVE SUCH COUNTER, SINK, OR APPLIANCE.
40 4. ACCESSIBLE HABITABLE SPACE AND BATHROOM. THE GROUND LEVEL OF SUCH
41 DWELLING UNIT SHALL CONTAIN THE FOLLOWING:
42 (A) AT LEAST ONE INDOOR ROOM THAT HAS AN AREA OF NOT LESS THAN SEVENTY
43 SQUARE FEET AND CONTAINS NO SIDE OR DIMENSION NARROWER THAN SEVEN FEET;
44 AND
45 (B) AT LEAST ONE BATHROOM THAT CONTAINS, AT A MINIMUM, THE FOLLOWING:
46 (I) CLEAR FLOOR SPACE OF THIRTY BY FORTY-EIGHT INCHES CENTERED ON AND
47 CONTIGUOUS TO THE SINK, WHICH IS NOT ENCROACHED BY THE SWING PATH OF THE
48 BATHROOM DOOR;
49 (II) A SINK AND A TOILET THAT EACH ALLOW FOR A PARALLEL OR HEAD-ON
50 APPROACH BY A PERSON IN A WHEELCHAIR; AND
51 (III) WALLS THAT ARE REINFORCED TO BE CAPABLE OF SUPPORTING GRAB BARS
52 THAT RESIST SHEAR AND BENDING FORCES OF A MINIMUM OF TWO HUNDRED FIFTY
53 POUNDS, AS FOLLOWS:
54 (A) ALL WALLS ADJACENT TO THE TOILET SHALL HAVE HORIZONTAL BACKING
55 REINFORCEMENTS, EACH AT LEAST THIRTY-THREE INCHES, BUT NOT MORE THAN
56 THIRTY-SIX INCHES, ABOVE THE FLOOR, AND SUFFICIENT TO ALLOW FOR A TWEN-
A. 5068 3
1 TY-FOUR-INCH GRAB BAR ON THE WALL BEHIND THE TOILET AND ANOTHER
2 FORTY-TWO-INCH GRAB BAR ON ONE OR THE OTHER WALLS ADJACENT TO THE
3 TOILET.
4 (B) IF A BATHTUB IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
5 INCLUDE:
6 (I) TWO BACKING REINFORCEMENTS ON THE BACK WALL OF THE BATHTUB, EACH
7 AT LEAST TWENTY-FOUR INCHES LONG, AT LEAST TWENTY INCHES WIDE AND NOT
8 MORE THAN TWENTY-FOUR INCHES FROM THE HEAD END WALL AND NOT MORE THAN
9 TWELVE INCHES FROM THE FOOT END WALL, ONE IN A HORIZONTAL POSITION AT
10 LEAST THIRTY-THREE INCHES, BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE
11 THE FLOOR, AND ONE NINE INCHES ABOVE THE RIM OF THE BATHTUB;
12 (II) ONE BACKING REINFORCEMENT ON THE FOOT END WALL OF THE BATHTUB, AT
13 LEAST TWENTY INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND LOCATED AT
14 THE FRONT EDGE OF THE BATHTUB; AND
15 (III) ONE BACKING REINFORCEMENT ON THE HEAD END WALL OF THE BATHTUB,
16 AT LEAST TWELVE INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND LOCATED
17 AT THE FRONT EDGE OF THE BATHTUB.
18 (C) IF A SHOWER IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
19 INCLUDE BACKING REINFORCEMENTS ON AT LEAST TWO WALLS ON WHICH THE
20 CONTROL VALVES ARE NOT LOCATED, EACH CENTERED AT LEAST THIRTY-THREE
21 INCHES, BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE THE FLOOR AND AT
22 LEAST EIGHTEEN INCHES WIDE.
23 S 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
24 CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
25 S 484. ENFORCEMENT. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR ANY
26 OTHER BUSINESS ENTITY THAT VIOLATES ANY PROVISION OF THIS ARTICLE SHALL
27 BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY NOR MORE THAN FIVE
28 HUNDRED DOLLARS FOR EACH SUCH OFFENSE AND EACH DAY ON WHICH SUCH
29 VIOLATION OCCURS OR CONTINUES TO OCCUR SHALL BE A SEPARATE OFFENSE. ANY
30 VIOLATION OF THIS ARTICLE SHALL BE ENFORCEABLE BY THE ATTORNEY GENERAL
31 AND ANY AGGRIEVED PARTY, AND ANY SUCH PARTY SHALL HAVE THE RIGHT TO SEEK
32 LEGAL AND EQUITABLE RELIEF AND THE COURT MAY AWARD REASONABLE COSTS AND
33 ATTORNEY'S FEES ASSOCIATED WITH SUCH ACTION.
34 S 2. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law and shall apply to dwelling units the
36 construction of which begins on or after such date.
