NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A749
SPONSOR: Rosenthal (MS) TITLE OF BILL: An act to amend the real property law, in relation to
the installation of radiator covers
PURPOSE OR GENERAL IDEA OF BILL: To require managers of residential
buildings, if requested by a tenant, to install radiator covers in units
where a child twelve years or younger resides.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 235-b of the real
property law is amended by inserting a new subdivision 2 and renumbering
the current subdivisions accordingly.
§235-b(2)(a): If a child age twelve or younger resides within a tenant's
dwelling, a landlord shall, at the written request of the tenant, be
responsible for installing a radiator cover on any uncovered radiator
that carries fluids at one hundred sixty-five degrees Fahrenheit or
higher and is located in the tenant's dwelling. The. landlord shall
have ninety days after receipt of such request to complete the installa-
tion.
§235-b(2)(b): The failure of the landlord to install a radiator cover or
covers within the ninety day period, following a written request by the
tenant, shall be deemed a hazard to the occupants, age 12 or younger. In
any case in which a tenant shall make a payment in order to install a
requested radiator cover, following the failure of the landlord to
install such cover in the appropriate time, the tenant may deduct the
reasonable cost of such installation from the rent and shall not be
liable for eviction on the grounds of that deduction.
JUSTIFICATION: On March 10, 2009, the New York State Appellate Divi-
sion Court, Second Department, ruled in Utkan v Szuwala that landlords
are not responsible for protecting children from properly operating
radiators. In the case, the plaintiff; Ms. Utkan wanted to recover
damages for personal injuries sustained by her infant after it was
burned by an exposed radiator. Ms. Utkan contacted her landlord Ms.
Szuwala about the infant's injuries and requested that she provide a
radiator cover to prevent future incidents. Ms. Szuwala refused, and
when the child was injured on an additional occasion, Ms. Utkan brought
her case to court.
In the Appellate Division's order of dismissal, they cited Rivera v
Nelson Realty, LLC (7 NY3d at 532), which states that Plaintiffs do not
claim that the radiator that injured the infant plaintiff needed repair,
or was defective in any way. Plaintiff's claim is that an uncovered
radiator in good working order, though not a hazard in a home occupied
only by adults, is dangerous to children. No duty to remedy this alleged
hazard is imposed by the Multiple Dwelling Law or arises under common
law by virtue of the lease. Accordingly, any duty to protect children
from uncovered radiators remains that of the tenant, unless some other
statute or regulation imposes it on the land lord. THE DECISION WHETHER
RADIATOR COVERS MUST BE SUPPLIED BY LANDLORDS IS THUS LEFT TO LEGISLA-
TORS AND REGULATORS, who are in the best position to balance the harm
prevented by this safety measure against its cost - a cost which, if
imposed on landlords, becomes part of the overall cost of rental hous-
ing."
Due to the Appellate Division's deferral to the State Legislature for
clarification on this issue, I am introducing legislation to require
landlords to install radiator covers, per written request, in units in
which a child twelve years or younger resides. This action will decrease
future injuries to children due to extremely hot radiators and clarify a
landlord's responsibility for their safe operation.
PRIOR LEGISLATIVE HISTORY: A3181 of 2011-2012 A9513 of 2010.
FISCAL IMPLICATIONS: Undetermined
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
