S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5386

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, DINOWITZ, CRESPO, JAFFEE, COLTON,
  ROBINSON, WEPRIN, HOOPER -- Multi-Sponsored by --  M.  of  A.  ARROYO,
  AUBRY -- read once and referred to the Committee on Aging

AN  ACT to amend the real property law, in relation to requiring protec-
  tive devices to be provided in apartments for seniors and persons with
  physical impairments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. PROTECTIVE DEVICES FOR TENANTS WHO  ARE  SENIORS  OR  PERSONS
WITH  PHYSICAL  DISABILITIES.  1.  AS USED IN THIS SECTION THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:  (A)  "SENIOR"  SHALL  MEAN  AN
INDIVIDUAL  AGED  SIXTY-FIVE YEARS OR OLDER; (B) "PERSON WITH A PHYSICAL
IMPAIRMENT" SHALL MEAN AN INDIVIDUAL  WITH  (I)  A  PHYSICAL  IMPAIRMENT
RESULTING  FROM  AN  ANATOMICAL, PHYSIOLOGICAL, GENETIC, OR NEUROLOGICAL
CONDITION WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR  IS
DEMONSTRABLE  BY  MEDICALLY  ACCEPTED  CLINICAL OR LABORATORY DIAGNOSTIC
TECHNIQUES; OR (II) A RECORD OF SUCH IMPAIRMENT; OR  (III)  A  CONDITION
REGARDED  BY  OTHERS AS SUCH AN IMPAIRMENT; AND (C) "PROTECTIVE DEVICES"
SHALL MEAN GRAB BARS ON THE WALLS OF SHOWER  AND  BATHTUB  STALLS,  GRAB
BARS ADJACENT TO TOILETS AND WATER CLOSETS, AND THRESHOLD RAMPS TO ELIM-
INATE TRIPPING HAZARDS.
  2. A TENANT WHO IS A SENIOR OR PERSON WITH A PHYSICAL IMPAIRMENT SHALL
HAVE  THE RIGHT TO REQUEST THAT PROTECTIVE DEVICES BE INSTALLED IN THEIR
RESIDENTIAL UNIT. SUCH REQUEST MUST BE MADE IN  WRITING  TO  THE  OWNER,
LESSOR,  AGENT,  OR OTHER PERSON WHO MANAGES OR CONTROLS THE RESIDENTIAL
DWELLING. NOTICE OF THIS RIGHT SHALL BE PROVIDED IN THE LEASE  GOVERNING
THE TENANT'S RESIDENTIAL UNIT.
  3.  IT  SHALL BE THE DUTY OF THE OWNER, LESSOR, AGENT, OR OTHER PERSON
WHO MANAGES OR CONTROLS A RESIDENTIAL DWELLING TO PROVIDE, INSTALL,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07397-02-5
              

A. 5386                             2

MAINTAIN IN A SAFE MANNER, WHICH SHALL INCLUDE ANY STRUCTURAL REINFORCE-
MENT  NECESSARY,  PROTECTIVE  DEVICES  UPON RECEIPT OF A WRITTEN REQUEST
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.  THE  INSTALLATION  OF  THE
PROTECTIVE  DEVICES  SHALL BE COMPLETED WITHIN NINETY DAYS AFTER RECEIPT
OF SUCH WRITTEN REQUEST.
  4. NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
INSTALLING  A  PROTECTIVE  DEVICE  PURSUANT TO THIS SECTION SHALL NOT BE
CONSIDERED A MAJOR CAPITAL IMPROVEMENT NOR SHALL  IT  BE  CONSIDERED  AN
INDIVIDUAL APARTMENT IMPROVEMENT.
  5.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A VIOLATION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.