S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2865--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. McDONALD, ORTIZ -- read once and referred to the
   Committee on Housing -- 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 that
   landlords ensure that any window treatments installed in a residential
   unit are in proper working order
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 3 of section 235-b of the real property
 law are renumbered subdivisions 3 and 4 and a new subdivision 2 is added
 to read as follows:
   2. ANY WINDOW COVERING, INCLUDING, BUT NOT LIMITED TO, BLINDS, SHADES,
 VALANCES, OR  CURTAINS,  INSTALLED  BY  A  LANDLORD  SHALL  BE  PROPERLY
 INSTALLED  AND IN WORKING ORDER ACCORDING TO MANUFACTURER SPECIFICATIONS
 AND INSTRUCTIONS AND SHALL COMPLY WITH  ALL  THE  SAFETY  STANDARDS  AND
 CONDITIONS DELINEATED IN THE TWO THOUSAND TWELVE AMERICAN NATIONAL STAN-
 DARD  FOR  SAFETY  OF  CORDED WINDOW COVERING PRODUCTS. THE FAILURE OF A
 LANDLORD TO COMPLY WITH THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  BE
 DEEMED A BREACH OF THE WARRANTY OF HABITABILITY.
   § 2. Subdivision m of section 233 of the real property law, as amended
 by chapter 566 of the laws of 1996, is amended to read as follows:
   m.  Warranty  of habitability, maintenance, disruption of services. In
 every written or oral lease or rental agreement entered into by a  manu-
 factured home tenant, the manufactured home park owner or operator shall
 be  deemed to covenant and warrant that the premises so leased or rented
 and the manufactured home if rented and all  areas  used  in  connection
 therewith  in  common  with other manufactured home tenants or residents
 including all roads within the manufactured home park are fit for  human
 habitation  and for the uses reasonably intended by the parties and that
 the occupants of such premises and such  manufactured  homes  if  rented
 shall  not  be  subjected  to  any  conditions which would be dangerous,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04398-03-7

 A. 2865--A                          2
 
 hazardous or detrimental to their life, health or safety.  When any such
 condition has been caused by the misconduct  of  the  manufactured  home
 tenant or lessee or persons under his direction or control, it shall not
 constitute  a  breach  of  such covenants and warranties. The rights and
 obligations of the manufactured home park  owner  or  operator  and  the
 manufactured  home  tenant  shall  be governed by the provisions of this
 subdivision and subdivisions two [and], three AND FOUR  of  section  two
 hundred thirty-five-b of this article.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.