Dinowitz, Galef, Abinanti, Crespo, Englebright, Jaffee, Titus, Weprin, Perry
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A35
SPONSOR: Paulin (MS)
TITLE OF BILL: An act to amend the public health law, in relation to
requiring owners of multiple dwelling properties to develop, implement
and distribute smoking policies
PURPOSE OR GENERAL IDEA OF BILL:
To reduce secondhand smoke exposure to nonsmokers living in apartments,
cooperative apartment corporations and condominiums. This act encourages
owners of multiple dwelling properties to develop, implement and
distribute smoking policies to current and prospective tenants.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides the legislative findings.
Section 2 amends public health law by adding a new section 1399-y, which
provides that owners of multiple dwellings are required to develop and
implement a written smoking policy that details where and when smoking
is permitted or prohibited on the premises, including indoor locations,
common areas, outside areas around entrances, doorways and air intake
units. The smoking policy must be distributed to current tenants within
30 days of the effective date of this act or after the policy has been
amended. The smoking policy must be posted in the common areas of the
building, incorporated into leases and condominium bylaws and distrib-
uted to current and prospective tenants. A copy of the smoking policy
must be provided to all tenants on an annual basis, upon request to any
person and made available for inspection by the enforcement officer.
Definitions are also included.
Nothing in this section shall authorize an owner to adopt a policy that
the owner is not otherwise authorized to adopt. For tenants of rent-
controlled or rent-stabilized buildings, the smoking policy will only
apply to the extent provided in the existing lease or sublease agree-
Owners who violate the provisions of this section are subject to a civil
penalty. The enforcement officer of this act is defined by subdivision
one of section 1399-t of the public health law. The enforcement officer
shall issue a warning to an owner who violates the provisions of this
section and allow the owner 30 days to comply if it is the first
offense. Before the enforcement officer imposes a civil penalty, the
owner shall be notified by writing of the reasons. Failure to comply
within the timeframe will result in imposition of a civil penalty of not
less than five hundred dollars. Any person may register a complaint
under this article with the appropriate enforcement officer.
The provisions of this section shall not be construed to restrict local
jurisdictions from enacting more stringent laws, rules or regulations.
Section 3 provides the effective date.
Secondhand smoke is often involuntarily inhaled by nonsmokers. Exposure
to secondhand smoke increases a person's risk of health hazards, such as
lung cancer, asthma and heart disease. The only way to completely
protect a nonsmoker is to prevent exposure to secondhand smoke. In
buildings with multifamily units, smoke can spread between units through
air ducts, floor cracks, wall cracks and elevator shafts.
This bill will create a framework for owners of apartment buildings,
cooperative apartment corporations and condominiums to create, implement
and distribute a smoking policy for tenants. Building owners are permit-
ted, but are not required, to restrict smoking within their properties.
This bill requires that building owners create and distribute a written
document that details when and where smoking is or is not permitted,
thereby providing information to current and prospective tenants to make
informed decisions. This bill will also help reduce the number of
conflicts between nonsmokers and smokers and between owner(s) and
tenants because the smoking policy will be incorporated into leases and
contracts of sale.
PRIOR LEGISLATIVE HISTORY:
A.495-B, 2013 and 2014 referred to codes. Same as S.5012-A, 2013 and
2014 referred to health. A. 10498-A of 2012 referred to codes.
None to the state.
This act shall take effect on the one hundred twentieth day after it
shall have become a law.
STATE OF NEW YORK
2015-2016 Regular Sessions
January 7, 2015
Introduced by M. of A. PAULIN, DINOWITZ, GALEF, ABINANTI, CLARK, CRESPO,
ENGLEBRIGHT, JAFFEE, ROBERTS, TITUS, WEPRIN, PERRY -- Multi-Sponsored
by -- M. of A. BARRETT -- read once and referred to the Committee on
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 condominium bylaws,
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 35 2
1 § 2. The public health law is amended by adding a new section 1399-y
2 to read as follows:
3 § 1399-y. Multiple dwelling smoking policy. 1. For purposes of this
4 section, the following terms shall have the following meanings:
5 (a) "Multiple dwelling" means: (i) a multiple dwelling that is occu-
6 pied for permanent residence purposes of three or more families living
7 independently of each other.
8 (ii) For purposes of this paragraph, "permanent residence purposes"
9 shall consist of occupancy of a dwelling unit by the same natural person
10 or family for thirty consecutive days or more.
11 (b) "Dwelling unit" means any room or group of rooms located within a
12 dwelling and forming a single habitable unit with facilities which are
13 used or intended to be used for living or sleeping by human occupants.
14 (c) "Owner" means: (i) in the case of a building with rental dwelling
15 units, other than a condominium or a cooperative apartment corporation,
16 the owner of record; or (ii) in the case of a condominium, the board of
17 managers; or (iii) in the case of a cooperative apartment corporation,
18 the board of directors.
19 (d) "Unit owner" means: (i) in the case of a condominium, any person,
20 including a sponsor, who, alone, jointly or severally with another or
21 others has legal title to any dwelling unit in the building, with or
22 without accompanying actual possession thereof; or (ii) in the case of a
23 cooperative apartment corporation, any person, including a sponsor, who,
24 alone, jointly or severally with another or others has the legal right
25 to occupy any dwelling unit through ownership interests in a cooperative
26 apartment corporation, with or without accompanying actual possession
28 (e) When referring to a dwelling unit in a multiple dwelling, "tenant"
29 means a tenant, tenant-stockholder of a cooperative apartment corpo-
30 ration, condominium unit owner, subtenant, lessee, sublessee or other
31 person entitled to the possession or to the use or occupancy of a dwell-
32 ing unit.
33 2. An owner of a multiple dwelling property is hereby required to:
34 (a) develop and implement a written smoking policy that details where
35 and when smoking is permitted or prohibited, addressing all indoor
36 locations of the property in question, including common areas and dwell-
37 ing units, and all outdoor areas, including common courtyards, rooftops
38 and balconies, patios and other outdoor areas connected to dwelling
39 units, and that applies to all tenants and any other person on the prem-
41 (b) distribute the smoking policy to all current tenants of the multi-
42 ple dwelling within thirty days of the effective date of this section or
43 of development of a new or amended smoking policy;
44 (c) post a copy of the smoking policy in the following common areas of
45 the multiple dwelling, if applicable: all entrances, walls adjacent to
46 elevators and mailboxes, laundry rooms and any other common rooms;
47 (d) in the case of a rental building, incorporate the smoking policy
48 into the lease for any dwelling unit, and in the case of a condominium,
49 incorporate the smoking policy into the condominium bylaws;
50 (e) in the case of a building with rental dwelling units, other than a
51 condominium or a cooperative apartment corporation, provide a copy of
52 the smoking policy to all current and prospective tenants before they
53 enter into oral leases or agreements to rent;
54 (f) on an annual basis, provide a copy of the smoking policy to all
A. 35 3
1 (g) provide a copy of the smoking policy upon request to any person;
3 (h) make available for inspection by the enforcement officer copies of
4 the following: (i) the annual disclosure required by paragraph (f) of
5 this subdivision for the current year; and (ii) each notification of an
6 amendment made within the past year pursuant to paragraph (b) of this
8 3. Nothing in this section shall authorize an owner to adopt a policy
9 that the owner is not otherwise authorized to adopt. The smoking policy
10 and any amendments thereto shall be binding on a tenant renting or leas-
11 ing a dwelling unit only to the extent provided in such tenant's exist-
12 ing lease or sublease agreement, provided that the smoking policy and
13 any amendments thereto shall not be binding on any tenant in occupancy
14 of a rent controlled or rent stabilized dwelling unit prior to the
15 adoption of the initial smoking policy as required in this section.
16 4. (a) An owner who violates the provisions of this section shall be
17 subject to the imposition by the enforcement officer, as defined by
18 subdivision one of section thirteen hundred ninety-nine-t of this arti-
19 cle of a civil penalty. Before imposing such a civil penalty, the
20 enforcement officer shall notify the owner in writing of the reasons for
21 such imposition of a civil penalty and afford the owner an opportunity
22 to be heard in person or by counsel. Prior to the imposition of the
23 first civil penalty for an alleged violation of the provisions of this
24 section, the enforcement officer shall issue a warning to the owner,
25 provide information to the owner about the provisions of this section
26 and provide the owner thirty days to comply with the provisions of this
27 section. Failure to comply within such thirty day time period will
28 result in imposition of a civil penalty of not less than five hundred
30 (b) Any person who desires to register a complaint under this article
31 may do so with the appropriate enforcement officer.
32 5. The provisions of this section shall not be construed to restrict
33 local jurisdictions from enacting more stringent laws, rules or regu-
34 lations regarding the subject matter referenced herein.
35 § 3. This act shall take effect one year after it shall have become a