Bill Text: NY S00173 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits a landlord from banning a tenant from engaging in the display of the flag of the United States if the flag is displayed.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S00173 Detail]

Download: New_York-2019-S00173-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           173
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sens. HELMING, RITCHIE -- 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:
     1    Section 1. The real property law is amended by adding  a  new  section
     2  223-c to read as follows:
     3    § 223-c. Rights of tenants to display the flag of the United States in
     4  certain  areas.  1. No landlord shall prohibit a tenant from engaging in
     5  the display of the flag of the United States if the flag is displayed in
     6  accordance with:
     7    a. the patriotic customs set forth in 4  U.S.C.  5-10,  governing  the
     8  display and use of the flag of the United States;
     9    b. federal law, state law, or any local ordinance or resolution; and
    10    c. does not infringe upon the space rented by any other tenant.
    11    2. As used in this section, "display of the flag of the United States"
    12  means a flag of the United States that is:
    13    a. made of cloth, fabric or paper;
    14    b. displayed from a pole or staff or in a window; and
    15    c. displayed in a manner that is consistent with 4 U.S.C. Chapter 1.
    16    3.  A  tenant who requests to display the flag of the United States at
    17  the rental property as provided in this section, shall contact the land-
    18  lord with reasonable notice before display to discuss the following:
    19    a. placement in compliance with any local zoning restrictions; and
    20    b. the appropriate size of the flag, which shall  be  consistent  with
    21  the size and character of the dwelling unit.
    22    4.  Nothing  in  this  section  exempts a tenant from a provision in a
    23  lease agreement that requires a tenant, at the termination of  a  lease,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04923-01-9
        S. 173                              2
     1  to  return  the  premises in the same condition as they were in when the
     2  tenant took possession.
     3    5.  The  tenant  is  liable for damages caused by a United States flag
     4  displayed by a tenant.
     5    § 2. This act shall take effect immediately.