S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1588
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMON,  COLTON, DINOWITZ, GALEF, MAGNARELLI,
   ORTIZ, PAULIN, PRETLOW, L. ROSENTHAL,  STIRPE,  TITUS,  WEPRIN,  COOK,
   D'URSO,  STECK,  WILLIAMS,  MOSLEY  --  Multi-Sponsored by -- M. of A.
   BARCLAY, CAHILL, GLICK, GOTTFRIED, LIFTON, LUPARDO --  read  once  and
   referred to the Committee on Housing

 AN  ACT  to amend the real property law, in relation to the visitability
   of new homes by persons with disabilities
 
   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 article 16
 to read as follows:
                                ARTICLE 16
                     VISITABILITY OF NEW CONSTRUCTION
 SECTION 480. PURPOSE.
         481. APPLICABILITY OF NEW CONSTRUCTION.
         482. VISITABILITY REQUIREMENT.
         483. EXCLUSION.
         484. ENFORCEMENT.
   §  480.  PURPOSE.  THE PURPOSE OF THIS ARTICLE IS TO ESTABLISH MINIMUM
 REGULATIONS FOR THE DESIGN AND CONSTRUCTION  OF  NEW  HOMES  TO  PROVIDE
 VISITABILITY TO SUCH HOMES BY PERSONS WITH DISABILITIES.
   §  481. APPLICABILITY OF NEW CONSTRUCTION. ANY NEW DWELLING UNIT WHICH
 WAS DESIGNED, CONSTRUCTED,  OR  COMMISSIONED,  CONTRACTED  OR  OTHERWISE
 ARRANGED FOR DESIGN OR CONSTRUCTION, BY ANY PERSON OR ENTITY WHO, AT ANY
 TIME  DURING THE COMMISSIONING DESIGN OR CONSTRUCTION, RECEIVED NEW YORK
 STATE OR FEDERAL FINANCIAL ASSISTANCE FOR SUCH  DESIGN  OR  CONSTRUCTION
 SHALL  COMPLY  WITH  THE  PROVISIONS  OF THIS ARTICLE.   STATE FINANCIAL
 ASSISTANCE SHALL NOT INCLUDE LOANS BACKED BY THE STATE OF NEW YORK MORT-
 GAGE AGENCY (SONYMA).  FEDERAL FINANCIAL ASSISTANCE  SHALL  NOT  INCLUDE
 LOANS  BACKED  BY  FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE) OR
 FEDERAL HOUSING ADMINISTRATION (FHA) FINANCING OR OTHER  MORTGAGE  LOANS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01682-01-9

 A. 1588                             2
 
 BACKED  BY  A  FEDERAL  MORTGAGE  LOAN  PROGRAM.    FOR PURPOSES OF THIS
 SECTION, THE TERM "DWELLING UNIT" SHALL MEAN A  DETACHED  SINGLE  FAMILY
 HOME,  A  GROUND FLOOR UNIT IN A TOWN HOUSE, OR A GROUND FLOOR UNIT IN A
 BUILDING  OF  THREE  OR  FEWER  DWELLING  UNITS WHICH IS DESIGNED AS, OR
 INTENDED FOR OCCUPANCY AS A RESIDENCE.
   § 482. VISITABILITY REQUIREMENT. THE DESIGN AND CONSTRUCTION OF A  NEW
 DWELLING UNIT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
   1.  ACCESSIBLE  ENTRANCE.  (A)  EXCEPT AS PROVIDED IN PARAGRAPH (B) OF
 THIS SUBDIVISION, THE GROUND LEVEL OF SUCH DWELLING UNIT  SHALL  CONTAIN
 AT LEAST ONE ENTRANCE TO THE DWELLING UNIT THAT:
   (I)  IS  ACCESSIBLE  TO,  AND USABLE BY, PEOPLE WITH DISABILITIES SUCH
 THAT ALL ROOMS ON THE LEVEL ARE CONNECTED BY AN ACCESSIBLE ROUTE;
   (II) DOES NOT CONTAIN ANY STEPS OR ANY  DOOR  THRESHOLD  THAT  EXCEEDS
 ONE-HALF INCH IN HEIGHT; AND
   (III)  IS  LOCATED  ON  A CONTINUOUS UNOBSTRUCTED PATH FROM THE PUBLIC
 STREET OR DRIVEWAY THAT SERVES THE UNIT, WHICH PATH AT NO  POINT  HAS  A
 SLOPE  EXCEEDING ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH, HAS
 A WIDTH OF NOT LESS THAN THIRTY-SIX INCHES AND HAS  A  CROSS  SLOPE  NOT
 GREATER  THAN  TWO PERCENT OF THE WIDTH. SUCH UNOBSTRUCTED PATH SHALL BE
 ABLE TO BE NEGOTIATED BY A PERSON AND MAY INCLUDE  CURB  RAMPS,  PARKING
 ACCESS AISLES, WALKS, AND RAMPS.
   (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY TO A DWELLING UNIT IF:
   (I) THE FINISHED GRADE OF THE SITE IS TOO  STEEP  TO  PROVIDE  A  PATH
 HAVING  A SLOPE OF ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH AT
 THE FRONT, SIDE, OR BACK OF THE UNIT;
   (II) THERE IS NO DRIVEWAY SERVING THE UNIT; AND
   (III) THERE IS NO ALLEY OR OTHER ROADWAY CAPABLE OF PROVIDING  VEHICU-
 LAR ACCESS TO THE REAR OR SIDE OF THE UNIT.
   2.  ACCESSIBLE  INTERIOR  DOORS.  ALL DOORS THAT ARE DESIGNED TO ALLOW
 PASSAGE WITHIN THE GROUND LEVEL OF SUCH  DWELLING  UNIT  SHALL  HAVE  AN
 UNOBSTRUCTED OPENING OF AT LEAST THIRTY-SIX INCHES WHEN THE DOOR IS OPEN
 AT A NINETY-DEGREE ANGLE.
   3.  ACCESSIBLE  ENVIRONMENTAL CONTROLS. ALL ENVIRONMENTAL CONTROLS AND
 OUTLETS LOCATED ON THE GROUND LEVEL  OF  SUCH  DWELLING  UNIT  SHALL  BE
 LOCATED  ON  THE  WALL AT LEAST FIFTEEN INCHES, BUT NOT MORE THAN FORTY-
 EIGHT INCHES, ABOVE THE FLOOR OR, IN THE CASE OF ENVIRONMENTAL  CONTROLS
 AND  OUTLETS  LOCATED  DIRECTLY ABOVE A COUNTER, SINK, OR APPLIANCE, NOT
 MORE THAN THREE INCHES ABOVE SUCH COUNTER, SINK, OR APPLIANCE.
   4. ACCESSIBLE HABITABLE SPACE AND BATHROOM. THE GROUND LEVEL  OF  SUCH
 DWELLING UNIT SHALL CONTAIN THE FOLLOWING:
   (A) AT LEAST ONE INDOOR ROOM THAT HAS AN AREA OF NOT LESS THAN SEVENTY
 SQUARE  FEET AND CONTAINS NO SIDE OR DIMENSION NARROWER THAN SEVEN FEET;
 AND
   (B) AT LEAST ONE BATHROOM THAT CONTAINS, AT A MINIMUM, THE FOLLOWING:
   (I) CLEAR FLOOR SPACE OF THIRTY BY FORTY-EIGHT INCHES CENTERED ON  AND
 CONTIGUOUS TO THE SINK, WHICH IS NOT ENCROACHED BY THE SWING PATH OF THE
 BATHROOM DOOR;
   (II)  A  SINK  AND  A TOILET THAT EACH ALLOW FOR A PARALLEL OR HEAD-ON
 APPROACH BY A PERSON IN A WHEELCHAIR; AND
   (III) WALLS THAT ARE REINFORCED TO BE CAPABLE OF SUPPORTING GRAB  BARS
 THAT  RESIST  SHEAR AND BENDING FORCES OF A MINIMUM OF TWO HUNDRED FIFTY
 POUNDS, AS FOLLOWS:
   (A) ALL WALLS ADJACENT TO THE TOILET  SHALL  HAVE  HORIZONTAL  BACKING
 REINFORCEMENTS,  EACH  AT  LEAST  THIRTY-THREE INCHES, BUT NOT MORE THAN
 THIRTY-SIX INCHES, ABOVE THE FLOOR, AND SUFFICIENT TO ALLOW FOR A  TWEN-

 A. 1588                             3
 
 TY-FOUR-INCH  GRAB  BAR ON THE WALL BEHIND THE TOILET AND ANOTHER FORTY-
 TWO-INCH GRAB BAR ON ONE OR THE OTHER WALLS ADJACENT TO THE TOILET.
   (B) IF A BATHTUB IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
 INCLUDE:
   (I)  TWO  BACKING REINFORCEMENTS ON THE BACK WALL OF THE BATHTUB, EACH
 AT LEAST TWENTY-FOUR INCHES LONG, AT LEAST TWENTY INCHES  WIDE  AND  NOT
 MORE  THAN  TWENTY-FOUR  INCHES FROM THE HEAD END WALL AND NOT MORE THAN
 TWELVE INCHES FROM THE FOOT END WALL, ONE IN A  HORIZONTAL  POSITION  AT
 LEAST  THIRTY-THREE  INCHES,  BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE
 THE FLOOR, AND ONE NINE INCHES ABOVE THE RIM OF THE BATHTUB;
   (II) ONE BACKING REINFORCEMENT ON THE FOOT END WALL OF THE BATHTUB, AT
 LEAST TWENTY INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND  LOCATED  AT
 THE FRONT EDGE OF THE BATHTUB; AND
   (III)  ONE  BACKING REINFORCEMENT ON THE HEAD END WALL OF THE BATHTUB,
 AT LEAST TWELVE INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE  AND  LOCATED
 AT THE FRONT EDGE OF THE BATHTUB.
   (C)  IF A SHOWER IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
 INCLUDE BACKING REINFORCEMENTS ON  AT  LEAST  TWO  WALLS  ON  WHICH  THE
 CONTROL  VALVES  ARE  NOT  LOCATED,  EACH CENTERED AT LEAST THIRTY-THREE
 INCHES, BUT NOT MORE THAN THIRTY-SIX INCHES,  ABOVE  THE  FLOOR  AND  AT
 LEAST EIGHTEEN INCHES WIDE.
   § 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
 CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
   §  484. ENFORCEMENT. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR ANY
 OTHER BUSINESS ENTITY THAT VIOLATES ANY PROVISION OF THIS ARTICLE  SHALL
 BE  SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY NOR MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH  SUCH  OFFENSE  AND  EACH  DAY  ON  WHICH  SUCH
 VIOLATION OCCURS OR CONTINUES TO OCCUR SHALL BE A SEPARATE OFFENSE.  ANY
 VIOLATION  OF  THIS ARTICLE SHALL BE ENFORCEABLE BY THE ATTORNEY GENERAL
 AND ANY AGGRIEVED PARTY, AND ANY SUCH PARTY SHALL HAVE THE RIGHT TO SEEK
 LEGAL AND EQUITABLE RELIEF AND THE COURT MAY AWARD REASONABLE COSTS  AND
 ATTORNEY'S FEES ASSOCIATED WITH SUCH ACTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law  and  shall  apply to dwelling units the
 construction of which begins on or after such date.