Senate Bill S2159A

2013-2014 Legislative Session

Requires protective devices to be provided in apartments for seniors and persons with physical impairments upon request

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Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S2159 - Details

See Assembly Version of this Bill:
A1858
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6684, A9088
2015-2016: A5386

2013-S2159 - Summary

Requires protective devices to be provided in apartments for seniors and persons with physical impairments.

2013-S2159 - Sponsor Memo

2013-S2159 - Bill Text download pdf

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

                                  2159

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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

              

2013-S2159A (ACTIVE) - Details

See Assembly Version of this Bill:
A1858
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6684, A9088
2015-2016: A5386

2013-S2159A (ACTIVE) - Summary

Requires protective devices to be provided in apartments for seniors and persons with physical impairments.

2013-S2159A (ACTIVE) - Sponsor Memo

2013-S2159A (ACTIVE) - Bill Text download pdf

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

                                 2159--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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; (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 ELIMINATE
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02007-03-4
              

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