Relates to sprinkler system notice in residential leases.
Ayes (49): Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, Diaz, Dilan, Espaillat, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Grisanti, Hannon, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, O'Brien, Parker, Peralta, Perkins, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (9): Ball, DeFrancisco, Farley, Griffo, Marchione, Nozzolio, O'Mara, Ranzenhofer, Seward
Excused (3): Hassell-Thomps, Hoylman, Smith
TITLE OF BILL: An act to amend the real property law, in relation to sprinkler system notice in residential leases
PURPOSE: To require all residential leases to include conspicuous notice as to the existence or non-existence of a sprinkler system in the leased premises.
SUMMARY OF PROVISIONS:
The first section provides that all leases entered into on or after January 1, 2014 shall provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises. "Sprinkler system" has the same definition as is provided in section 155-a of the executive law. It further provides that if there is a maintained and operative sprinkler system in the leased premises, that the residential lease shall also provide information regarding the last date of the maintenance and inspection.
Section 2: The second section is the effective date.
JUSTIFICATION: On January 21, 2012, Kerry Rose Fitzsimons, Eva Block, and Kevin Johnson were tragically killed in an off-campus fire while attending Marist College. The fire was so strong and so fast that none of the three students were able to escape.
What is known for certain was that there was no sprinkler system installed in the off-campus home. According to the Fire Sprinkler Initiative, the availability of smoke detectors, coupled with a maintained and operative sprinkler system installed in a residence, decreases the risk of dying in a fire by over 80%.
Currently, sprinkler systems are only required in newly constructed apartment buildings outside of the "Big 5" cities in New York. Older apartment buildings, and any other type of residential dwelling, therefore, do not currently require sprinkler systems. This legislation would require that every residential lease entered into on or after January 1, 2014 provide conspicuous notice as to the existence or non-existence of a sprinkler system. Being provided notice as to the existence or non-existence of a sprinkler system will help prospective tenants make an informed decision about where they choose to live.
In honor of Kerry Rose, Eva, and Kevin it is imperative that we provide all future tenants with the knowledge-and peace of mind-of the existence or non-existence of a fire sprinkler system on the premises before they sign a lease.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law, and shall apply to leases entered into on or after such date.
STATE OF NEW YORK ________________________________________________________________________ 5212--A 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________Introduced by Sens. FLANAGAN, FUSCHILLO, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property law, in relation to sprinkler system notice in residential leases 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 231-a to read as follows: S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI- DENTIAL LEASE SHALL PROVIDE CONSPICUOUS NOTICE IN BOLD FACE TYPE AS TO THE EXISTENCE OR NON-EXISTENCE OF A MAINTAINED AND OPERATIVE SPRINKLER SYSTEM IN THE LEASED PREMISES. 2. FOR PURPOSES OF THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC- UTIVE LAW. 3. IF THERE IS A MAINTAINED AND OPERATIVE SPRINKLER SYSTEM IN THE LEASED PREMISES, THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law, and shall apply to leases entered into on or after such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10953-03-3