S2159-2013 Actions

• Jan 14, 2013: REFERRED TO JUDICIARY

S2159-2013 Memo

BILL NUMBER:S2159

TITLE  OF  BILL:   An act to amend the real property law, in relation to
requiring reasonable modification to apartments for seniors and  persons
with physical impairments

PURPOSE OR GENERAL IDEA OF BILL:  This bill would require landlords who,
rent  apartments to tenants who are either seniors or persons with phys-
ical impairments to make modifications that would improve safety  condi-
tions for those tenants.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1  amends the real property law by adding a new section, 235-h.
This section would define who qualifies as a senior or person with phys-
ical impairments and also clarifies  what  modifications  to  apartments
would be required by this law.

Section 2 sets the effective date

JUSTIFICATION:    Both  senior citizens and people with physical impair-
ments face difficulty finding adequate  housing  that  provides  a  safe
environment  for  them  to live. This bill would require landlords, upon
receiving a written request by the tenant, to provide, install and main-
tain in a safe manner, grab bars on walls of showers and bathtub  stalls
and  walls  adjacent  to each toilet or water closet in each residential
unit as well as treads on the floors of showers and  bathtub  stalls  in
each  residential unit, In doing so, landlords would allow their tenants
to stay in their current residence and five in a much safer environment.

PRIOR LEGISLATIVE HISTORY:  2011: A.7996 - Referred to Aging

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:  This act will take effect in 180 days.

S2159-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2159
 2013-2014 Regular Sessions
 I N  SENATE
 January 14, 2013
 
 Introduced  by  Sen. VALESKY -- 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 requiring  reason
 able  modification to 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.
 2.  IT  SHALL BE THE DUTY OF THE OWNER, LESSOR, AGENT, OR OTHER PERSON
 WHO MANAGES OR CONTROLS A RESIDENTIAL DWELLING TO:

 (A) WHEN REQUESTED IN WRITING BY A TENANT WHO IS A  SENIOR  OR  PERSON
 WITH  A  PHYSICAL  IMPAIRMENT,  PROVIDE, INSTALL, AND MAINTAIN IN A SAFE
 MANNER, WHICH SHALL INCLUDE ANY STRUCTURAL REINFORCEMENT NECESSARY,  THE
 FOLLOWING: GRAB BARS ON THE WALLS OF SHOWER AND BATHTUB STALLS AND ADJA
 CENT TO EACH TOILET OR WATER CLOSET IN EACH RESIDENTIAL UNIT; AND TREADS
 ON THE FLOORS OF SHOWERS AND BATHTUB STALLS IN EACH RESIDENTIAL UNIT.
 (B)  PROVIDE  NOTICE  IN  THE  LEASE  OF  THE RIGHT OF TENANTS WHO ARE
 SENIORS OR PERSONS WITH PHYSICAL IMPAIRMENTS TO REQUEST SUCH  PROTECTIVE
 DEVICES AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02007-01-3
 
       S. 2159                             2
 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY INSTALL
 ING A PROTECTIVE DEVICE PURSUANT TO THIS SECTION SHALL NOT BE CONSIDERED
 A  MAJOR  CAPITAL  IMPROVEMENT  NOR SHALL IT BE CONSIDERED AN INDIVIDUAL
 APARTMENT IMPROVEMENT.
 4.  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.

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