S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    780
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, FAHY -- read once and referred to
   the Committee on Housing
 
 AN ACT to amend the real property law, in relation to  the  installation
   of radiator covers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 235-b of the real property law, as added by chapter
 597 of the laws of 1975, subdivision 3 as amended by chapter 403 of  the
 laws  of 1983, paragraph (c) of subdivision 3 as added by chapter 116 of
 the laws of 1997, is amended to read as follows:
   § 235-b. Warranty of habitability. 1. In every written or  oral  lease
 or  rental  agreement  for  residential  premises the landlord or lessor
 shall be deemed to covenant and warrant that the premises so  leased  or
 rented  and  all areas used in connection therewith in common with other
 tenants or residents are fit for  human  habitation  and  for  the  uses
 reasonably  intended by the parties and that the occupants of such prem-
 ises shall not be subjected to any conditions which would be  dangerous,
 hazardous  or detrimental to their life, health or safety. When any such
 condition has been caused by the misconduct of the tenant or  lessee  or
 persons under his direction or control, it shall not constitute a breach
 of such covenants and warranties.
   2.  (A)  IF A CHILD OF AGE TWELVE OR YOUNGER RESIDES WITHIN A TENANT'S
 DWELLING A LANDLORD SHALL, AT THE WRITTEN  REQUEST  OF  THE  TENANT,  BE
 RESPONSIBLE  FOR  THE  INSTALLATION OF A RADIATOR COVER ON ANY UNCOVERED
 RADIATOR THAT: CARRIES STEAM, WATER, OR  OTHER  FLUIDS  AT  TEMPERATURES
 EXCEEDING  ONE  HUNDRED SIXTY-FIVE DEGREES FAHRENHEIT; ARE NOT CURRENTLY
 COVERED IN A MANNER THAT ENSURES  THAT  THE  TEMPERATURE  OF  THE  OUTER
 SURFACE  DOES  NOT  EXCEED  ONE HUNDRED NINE DEGREES FAHRENHEIT; AND ARE
 LOCATED IN THE TENANT'S DWELLING. THE LANDLORD SHALL  HAVE  NINETY  DAYS
 AFTER  RECEIPT OF SUCH WRITTEN REQUEST TO COMPLETE THE INSTALLATION OF A
 RADIATOR COVER OR COVERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00841-01-3
              

 A. 780                              2
 
   (B) ANY FAILURE OF THE LANDLORD TO INSTALL A RADIATOR COVER,  PURSUANT
 TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION, SHALL BE DEEMED TO SUBJECT THE
 OCCUPANTS OF THE DWELLING TO CONDITIONS DANGEROUS, HAZARDOUS, OR  DETRI-
 MENTAL  TO  THEIR LIFE, HEALTH, OR SAFETY. IN ANY CASE IN WHICH A TENANT
 SHALL  MAKE  A PAYMENT IN ORDER TO INSTALL A REQUESTED RADIATOR COVER OR
 COVERS, FOLLOWING THE FAILURE OF THE LANDLORD  TO  INSTALL  SUCH  COVERS
 WITHIN  NINETY DAYS OF RECEIVING A WRITTEN REQUEST PURSUANT TO PARAGRAPH
 (A) OF THIS SUBDIVISION, THE TENANT MAY DEDUCT FROM THE RENT THE REASON-
 ABLE COST FOR THE INSTALLATION AND SHALL NOT BE LIABLE FOR  EVICTION  ON
 THE GROUND OF THAT DEDUCTION.
   3.  Any agreement by a lessee or tenant of a dwelling waiving or modi-
 fying his rights as set forth in this section shall be void as  contrary
 to public policy.
   [3]  4.  In determining the amount of damages sustained by a tenant as
 a result of a breach of the warranty  set  forth  in  the  section,  the
 court[;]:
   (a) need not require any expert testimony; [and]
   (b)  shall,  to the extent the warranty is breached or cannot be cured
 by reason of a strike or other labor dispute which is not caused  prima-
 rily by the individual landlord or lessor and such damages are attribut-
 able  to  such  strike,  exclude  recovery to such extent, except to the
 extent of the net savings, if any, to the landlord or lessor  by  reason
 of  such  strike  or  labor  dispute allocable to the tenant's premises,
 provided, however, that the landlord or [lesser] LESSOR has made a  good
 faith attempt, where practicable, to cure the breach[.]; AND
   (c)  where the premises is subject to regulation pursuant to the local
 emergency housing rent control law, the emergency tenant protection  act
 of nineteen seventy-four, the rent stabilization law of nineteen hundred
 sixty-nine  or  the  city rent and rehabilitation law, reduce the amount
 awarded hereunder by the total amount of any rent reduction  ordered  by
 the  state  division  of  housing and community renewal pursuant to such
 laws or act, awarded to the tenant, from the effective date of such rent
 reduction order, that relates to one or more matters for which relief is
 awarded hereunder.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.