Bill Text: NY S00628 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 628 (Prior Session Legislation)

Introduced

Bill Title: Requires the issuance of certificates of occupancy for rental property damaged by fire.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S00628 Detail]

Download: New_York-2021-S00628-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           628

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  MAY  --  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  issuance  of
          certificates of occupancy for rental property damaged by fire

          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  235-bbb to read as follows:
     3    § 235-bbb. Certificates of occupancy; fire damage. 1. Prior to execut-
     4  ing  a residential lease or rental agreement with a tenant, the owner of
     5  real property consisting of one or  more  rental  units  that  has  been
     6  damaged by fire shall:
     7    (a)  if  the  real  property  is located in a municipality that issues
     8  certificates of occupancy, obtain a certificate of occupancy  from  such
     9  municipality. Such certificate of occupancy shall only be issued if such
    10  real  property is habitable and no building code violations are present.
    11  Such certificate of occupancy shall only be valid if it is dated  subse-
    12  quent to the date such property was damaged by fire; or
    13    (b)  if  the  real property is located in a municipality that does not
    14  issue  certificates  of  occupancy,  obtain  a  written   statement   of
    15  inspection  from  the  building code enforcement officer of such munici-
    16  pality  or  an  independent  building  inspector.  Such   statement   of
    17  inspection  shall  only be issued if such real property is habitable and
    18  no building code violations are present. Such  statement  of  inspection
    19  shall  only be valid if it is dated subsequent to the date such property
    20  was damaged by fire.
    21    2. Prior to executing a residential lease or rental agreement  with  a
    22  tenant,  the  owner  of real property subject to subdivision one of this
    23  section shall provide an actual copy of the valid certificate  of  occu-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04763-01-1

        S. 628                              2

     1  pancy  or  statement  of inspection required by such subdivision to such
     2  tenant.
     3    3.  Any  agreement  by an owner of real property or tenant of premises
     4  for dwelling purposes waiving or modifying his  or  her  rights  as  set
     5  forth in this section shall be void as contrary to public policy.
     6    4.  For  purposes  of  this section, real property shall be considered
     7  damaged by fire if the damage resulting from such fire exceeds one thou-
     8  sand dollars.
     9    § 2. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law.