BILL NO A10498A
SAME AS No same as
SPONSOR Paulin (MS)
COSPNSR Dinowitz, Galef, Castro, Tobacco, Abinanti, Calhoun, Clark, Crespo,
Englebright, Jaffee, Rivera P, Roberts, Titus, Weprin
Add S1399-y, Pub Health L
Requires owners of multiple dwelling properties to develop, implement and
distribute smoking policies to current and prospective tenants; requires a
posted copy of the smoking policy; requires such policy be incorporated into
all written and oral leases and contracts for sale; allows the enforcement
officer the power to impose a civil penalty for violations.
S T A T E O F N E W Y O R K
I N A S S E M B L Y
May 29, 2012
Introduced by M. of A. PAULIN, DINOWITZ, GALEF, CASTRO, TOBACCO, ABINAN-
TI, CALHOUN, CLARK, CRESPO, ENGLEBRIGHT, JAFFEE, P. RIVERA, ROBERTS,
TITUS, WEPRIN -- Multi-Sponsored by -- M. of A. BARRETT -- read once
and referred to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to amend the public health law, in relation to requiring owners
of multiple dwelling properties to develop, implement and distribute
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. Secondhand smoke is produced from
2 the lighted end of tobacco products and from smoke exhaled from a smok-
3 er. Secondhand smoke is a known carcinogen and exposure to it is linked
4 to increased risk of cancer, respiratory complications and heart
5 disease. Any level of exposure to secondhand smoke is harmful to chil-
6 dren and adults; it is estimated that 3,400 nonsmoking adults die of
7 lung cancer and up to one million asthmatic children have worsened asth-
8 ma and asthma-related problems each year in the United States as a
9 result of inhaling secondhand smoke. Private owners and public housing
10 authorities may restrict smoking in or on their properties. In buildings
11 with multifamily units, smoke can spread between units through air
12 ducts, cracks and elevator shafts and involuntarily expose nonsmoking
13 tenants. Secondhand smoke often cannot be controlled using ventilation
14 systems, air cleaning, or separating non-smokers from smokers. The
15 intent of this legislation is to require owners of multiple dwelling
16 properties to develop, incorporate into leases and contracts of sale,
17 and to distribute smoking policies to current and prospective tenants.
18 The bill acts to help nonsmokers protect themselves and their families
19 from secondhand smoke by providing information they can weigh in select-
20 ing a new residence in a multiple dwelling building and to reduce the
21 number of conflicts between nonsmokers and smokers.
22 S 2. The public health law is amended by adding a new section 1399-y
23 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 10498--A 2
1 S 1399-Y. MULTIPLE DWELLING SMOKING POLICY. 1. FOR PURPOSES OF THIS
2 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
3 (A) "MULTIPLE DWELLING" MEANS: (I) A MULTIPLE DWELLING THAT IS OCCU-
4 PIED FOR PERMANENT RESIDENCE PURPOSES OF THREE OR MORE FAMILIES LIVING
5 INDEPENDENTLY OF EACH OTHER.
6 (II) FOR PURPOSES OF THIS PARAGRAPH, "PERMANENT RESIDENCE PURPOSES"
7 SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE SAME NATURAL PERSON
8 OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE.
9 (B) "DWELLING UNIT" MEANS ANY ROOM OR GROUP OF ROOMS LOCATED WITHIN A
10 DWELLING AND FORMING A SINGLE HABITABLE UNIT WITH FACILITIES WHICH ARE
11 USED OR INTENDED TO BE USED FOR LIVING OR SLEEPING BY HUMAN OCCUPANTS.
12 (C) "OWNER" MEANS: (I) ANY PERSON WHO, ALONE, JOINTLY OR SEVERALLY
13 WITH ANOTHER OR OTHERS HAS LEGAL TITLE TO ANY MULTIPLE DWELLING, WITH OR
14 WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF; (II) ANY PERSON WHO,
15 ALONE, JOINTLY OR SEVERALLY WITH ANOTHER OR OTHERS HAS CHARGE, CARE OR
16 CONTROL OF ANY DWELLING AS OWNER, LESSEE, MORTGAGEE OR VENDEE IN
17 POSSESSION, ASSIGNEE OF RENTS OR AS A RECEIVER; OR AN EXECUTOR, ADMINIS-
18 TRATOR, TRUSTEE, OR GUARDIAN OF THE ESTATE OF THE OWNER. ANY AGENT FOR
19 ANY OF THE ABOVE SHALL BE BOUND TO COMPLY WITH THE PROVISIONS OF THIS
20 SECTION TO THE SAME EXTENT AS IF HE OR SHE WAS THE OWNER; OR (III) THE
21 BOARD OF MANAGERS OF A CONDOMINIUM AND BOARD OF DIRECTORS OF A COOPER-
22 ATIVE APARTMENT.
23 (D) WHEN REFERRING TO A DWELLING UNIT IN A MULTIPLE DWELLING, "TENANT"
24 MEANS A TENANT, TENANT-STOCKHOLDER OF A COOPERATIVE APARTMENT CORPO-
25 RATION, CONDOMINIUM UNIT OWNER, SUBTENANT, LESSEE, SUBLESSEE OR OTHER
26 PERSON ENTITLED TO THE POSSESSION OR TO THE USE OR OCCUPANCY OF A DWELL-
27 ING UNIT.
28 2. AN OWNER OF A MULTIPLE DWELLING PROPERTY IS HEREBY REQUIRED TO:
29 (A) DEVELOP AND IMPLEMENT A WRITTEN SMOKING POLICY THAT DETAILS WHERE
30 AND WHEN SMOKING IS PERMITTED OR PROHIBITED;
31 (B) DISTRIBUTE THE SMOKING POLICY TO ALL CURRENT TENANTS OF THE MULTI-
32 PLE DWELLING WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION OR
33 OF DEVELOPMENT OF A NEW OR AMENDED SMOKING POLICY;
34 (C) POST A COPY OF THE SMOKING POLICY IN THE FOLLOWING COMMON AREAS OF
35 THE MULTIPLE DWELLING, IF APPLICABLE: ALL ENTRANCES, WALLS ADJACENT TO
36 ELEVATORS AND MAILBOXES, LAUNDRY ROOMS AND ANY OTHER COMMON ROOMS;
37 (D) INCORPORATE THE SMOKING POLICY INTO ALL WRITTEN AND ORAL LEASES
38 AND CONTRACTS OF SALE FOR DWELLING UNITS IN THE MULTIPLE DWELLING;
39 (E) PROVIDE A COPY OF THE SMOKING POLICY TO ALL CURRENT AND PROSPEC-
40 TIVE TENANTS BEFORE THEY ENTER INTO ORAL LEASES OR AGREEMENTS TO RENT OR
41 CONTRACTS OF SALE; AND
42 (F) PROVIDE A COPY OF THE SMOKING POLICY UPON REQUEST TO ANY PERSON.
43 3. NOTHING IN THIS SECTION SHALL AUTHORIZE AN OWNER TO ADOPT A POLICY
44 THAT THE OWNER IS NOT OTHERWISE AUTHORIZED TO ADOPT.
45 4. (A) AN OWNER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
46 SUBJECT TO THE IMPOSITION BY THE ENFORCEMENT OFFICER, AS DEFINED BY
47 SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-T OF THIS ARTI-
48 CLE OF A CIVIL PENALTY. BEFORE IMPOSING SUCH A CIVIL PENALTY, THE
49 ENFORCEMENT OFFICER SHALL NOTIFY THE OWNER IN WRITING OF THE REASONS FOR
50 SUCH IMPOSITION OF A CIVIL PENALTY AND AFFORD THE OWNER AN OPPORTUNITY
51 TO BE HEARD IN PERSON OR BY COUNSEL. PRIOR TO THE IMPOSITION OF THE
52 FIRST CIVIL PENALTY FOR AN ALLEGED VIOLATION OF THE PROVISIONS OF THIS
53 SECTION, THE ENFORCEMENT OFFICER SHALL ISSUE A WARNING TO THE OWNER,
54 PROVIDE INFORMATION TO THE OWNER ABOUT THE PROVISIONS OF THIS SECTION
55 AND PROVIDE THE OWNER THIRTY DAYS TO COMPLY WITH THE PROVISIONS OF THIS
56 SECTION. FAILURE TO COMPLY WITHIN SUCH THIRTY DAY TIME PERIOD WILL
A. 10498--A 3
1 RESULT IN IMPOSITION OF A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED
3 (B) ANY PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
4 MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
5 S 3. This act shall take effect one year after it shall have become a