A03214 Summary:
| BILL NO | A03214 |
| SAME AS | No Same As |
| SPONSOR | Rosenthal |
| COSPNSR | |
| MLTSPNSR | |
| Amd §235-b, RP L | |
| Relates to the installation of radiator covers. | |
A03214 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 3214 2025-2026 Regular Sessions IN ASSEMBLY January 23, 2025 ___________ Introduced by M. of A. ROSENTHAL -- 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: 1 Section 1. Section 235-b of the real property law, as added by chapter 2 597 of the laws of 1975, subdivision 3 as amended by chapter 403 of the 3 laws of 1983, paragraph (c) of subdivision 3 as added by chapter 116 of 4 the laws of 1997, is amended to read as follows: 5 § 235-b. Warranty of habitability. 1. In every written or oral lease 6 or rental agreement for residential premises the landlord or lessor 7 shall be deemed to covenant and warrant that the premises so leased or 8 rented and all areas used in connection therewith in common with other 9 tenants or residents are fit for human habitation and for the uses 10 reasonably intended by the parties and that the occupants of such prem- 11 ises shall not be subjected to any conditions which would be dangerous, 12 hazardous or detrimental to their life, health or safety. When any such 13 condition has been caused by the misconduct of the tenant or lessee or 14 persons under [his] such tenant's or lessee's direction or control, it 15 shall not constitute a breach of such covenants and warranties. 16 2. (a) If a child of age twelve or younger resides within a tenant's 17 dwelling a landlord shall, at the written request of the tenant, be 18 responsible for the installation of a radiator cover on any uncovered 19 radiator that: carries steam, water, or other fluids at temperatures 20 exceeding one hundred sixty-five degrees Fahrenheit; are not currently 21 covered in a manner that ensures that the temperature of the outer 22 surface does not exceed one hundred nine degrees Fahrenheit; and are 23 located in the tenant's dwelling. The landlord shall have ninety days 24 after receipt of such written request to complete the installation of a 25 radiator cover or covers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05277-01-5A. 3214 2 1 (b) Any failure of the landlord to install a radiator cover, pursuant 2 to paragraph (a) of this subdivision, shall be deemed to subject the 3 occupants of the dwelling to conditions dangerous, hazardous, or detri- 4 mental to their life, health, or safety. In any case in which a tenant 5 shall make a payment in order to install a requested radiator cover or 6 covers, following the failure of the landlord to install such covers 7 within ninety days of receiving a written request pursuant to paragraph 8 (a) of this subdivision, the tenant may deduct from the rent the reason- 9 able cost for the installation and shall not be liable for eviction on 10 the ground of that deduction. 11 3. Any agreement by a lessee or tenant of a dwelling waiving or modi- 12 fying [his] such lessee's or tenant's rights as set forth in this 13 section shall be void as contrary to public policy. 14 [3] 4. In determining the amount of damages sustained by a tenant as 15 a result of a breach of the warranty set forth in the section, the 16 court[;]: 17 (a) need not require any expert testimony; [and] 18 (b) shall, to the extent the warranty is breached or cannot be cured 19 by reason of a strike or other labor dispute which is not caused prima- 20 rily by the individual landlord or lessor and such damages are attribut- 21 able to such strike, exclude recovery to such extent, except to the 22 extent of the net savings, if any, to the landlord or lessor by reason 23 of such strike or labor dispute allocable to the tenant's premises, 24 provided, however, that the landlord or [lesser] lessor has made a good 25 faith attempt, where practicable, to cure the breach[.]; and 26 (c) where the premises is subject to regulation pursuant to the local 27 emergency housing rent control law, the emergency tenant protection act 28 of nineteen seventy-four, the rent stabilization law of nineteen hundred 29 sixty-nine or the city rent and rehabilitation law, reduce the amount 30 awarded hereunder by the total amount of any rent reduction ordered by 31 the state division of housing and community renewal pursuant to such 32 laws or act, awarded to the tenant, from the effective date of such rent 33 reduction order, that relates to one or more matters for which relief is 34 awarded hereunder. 35 § 2. This act shall take effect on the ninetieth day after it shall 36 have become a law.