A01588 Summary:

BILL NOA01588
 
SAME ASSAME AS S02718
 
SPONSORSimon (MS)
 
COSPNSRColton, Dinowitz, Galef, Magnarelli, Ortiz, Paulin, Pretlow, Rosenthal L, Stirpe, Titus, Weprin, Cook, D'Urso, Steck, Williams, Mosley, Reyes, Arroyo
 
MLTSPNSRBarclay, Cahill, Glick, Gottfried, Lifton, Lupardo
 
Add Art 16 §§480 - 484, RP L
 
Requires access to new homes by persons with disabilities.
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A01588 Actions:

BILL NOA01588
 
01/15/2019referred to housing
01/08/2020referred to housing
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A01588 Committee Votes:

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A01588 Floor Votes:

There are no votes for this bill in this legislative session.
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A01588 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1588
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  SIMON,  COLTON, DINOWITZ, GALEF, MAGNARELLI,
          ORTIZ, PAULIN, PRETLOW, L. ROSENTHAL,  STIRPE,  TITUS,  WEPRIN,  COOK,
          D'URSO,  STECK,  WILLIAMS,  MOSLEY  --  Multi-Sponsored by -- M. of A.
          BARCLAY, CAHILL, GLICK, GOTTFRIED, LIFTON, LUPARDO --  read  once  and
          referred to the Committee on Housing

        AN  ACT  to amend the real property law, in relation to the visitability
          of new homes by persons with disabilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property law is amended by adding a new article 16
     2  to read as follows:
     3                                 ARTICLE 16
     4                      VISITABILITY OF NEW CONSTRUCTION
     5  Section 480. Purpose.
     6          481. Applicability of new construction.
     7          482. Visitability requirement.
     8          483. Exclusion.
     9          484. Enforcement.
    10    §  480.  Purpose.  The purpose of this article is to establish minimum
    11  regulations for the design and construction  of  new  homes  to  provide
    12  visitability to such homes by persons with disabilities.
    13    §  481. Applicability of new construction. Any new dwelling unit which
    14  was designed, constructed,  or  commissioned,  contracted  or  otherwise
    15  arranged for design or construction, by any person or entity who, at any
    16  time  during the commissioning design or construction, received New York
    17  state or federal financial assistance for such  design  or  construction
    18  shall  comply  with  the  provisions  of this article.   State financial
    19  assistance shall not include loans backed by the state of New York mort-
    20  gage agency (SONYMA).  Federal financial assistance  shall  not  include
    21  loans  backed  by  federal national mortgage association (Fannie Mae) or
    22  federal housing administration (FHA) financing or other  mortgage  loans
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01682-01-9

        A. 1588                             2
 
     1  backed  by  a  federal  mortgage  loan  program.    For purposes of this
     2  section, the term "dwelling unit" shall mean a  detached  single  family
     3  home,  a  ground floor unit in a town house, or a ground floor unit in a
     4  building  of  three  or  fewer  dwelling  units which is designed as, or
     5  intended for occupancy as a residence.
     6    § 482. Visitability requirement. The design and construction of a  new
     7  dwelling unit shall comply with the following requirements:
     8    1.  Accessible  entrance.  (a)  Except as provided in paragraph (b) of
     9  this subdivision, the ground level of such dwelling unit  shall  contain
    10  at least one entrance to the dwelling unit that:
    11    (i)  is  accessible  to,  and usable by, people with disabilities such
    12  that all rooms on the level are connected by an accessible route;
    13    (ii) does not contain any steps or any  door  threshold  that  exceeds
    14  one-half inch in height; and
    15    (iii)  is  located  on  a continuous unobstructed path from the public
    16  street or driveway that serves the unit, which path at no  point  has  a
    17  slope  exceeding one inch in rise for every twelve inches in length, has
    18  a width of not less than thirty-six inches and has  a  cross  slope  not
    19  greater  than  two percent of the width. Such unobstructed path shall be
    20  able to be negotiated by a person and may include  curb  ramps,  parking
    21  access aisles, walks, and ramps.
    22    (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
    23  apply to a dwelling unit if:
    24    (i) the finished grade of the site is too  steep  to  provide  a  path
    25  having  a slope of one inch in rise for every twelve inches in length at
    26  the front, side, or back of the unit;
    27    (ii) there is no driveway serving the unit; and
    28    (iii) there is no alley or other roadway capable of providing  vehicu-
    29  lar access to the rear or side of the unit.
    30    2.  Accessible  interior  doors.  All doors that are designed to allow
    31  passage within the ground level of such  dwelling  unit  shall  have  an
    32  unobstructed opening of at least thirty-six inches when the door is open
    33  at a ninety-degree angle.
    34    3.  Accessible  environmental controls. All environmental controls and
    35  outlets located on the ground level  of  such  dwelling  unit  shall  be
    36  located  on  the  wall at least fifteen inches, but not more than forty-
    37  eight inches, above the floor or, in the case of environmental  controls
    38  and  outlets  located  directly above a counter, sink, or appliance, not
    39  more than three inches above such counter, sink, or appliance.
    40    4. Accessible habitable space and bathroom. The ground level  of  such
    41  dwelling unit shall contain the following:
    42    (a) At least one indoor room that has an area of not less than seventy
    43  square  feet and contains no side or dimension narrower than seven feet;
    44  and
    45    (b) At least one bathroom that contains, at a minimum, the following:
    46    (i) clear floor space of thirty by forty-eight inches centered on  and
    47  contiguous to the sink, which is not encroached by the swing path of the
    48  bathroom door;
    49    (ii)  a  sink  and  a toilet that each allow for a parallel or head-on
    50  approach by a person in a wheelchair; and
    51    (iii) walls that are reinforced to be capable of supporting grab  bars
    52  that  resist  shear and bending forces of a minimum of two hundred fifty
    53  pounds, as follows:
    54    (A) All walls adjacent to the toilet  shall  have  horizontal  backing
    55  reinforcements,  each  at  least  thirty-three inches, but not more than
    56  thirty-six inches, above the floor, and sufficient to allow for a  twen-

        A. 1588                             3
 
     1  ty-four-inch  grab  bar on the wall behind the toilet and another forty-
     2  two-inch grab bar on one or the other walls adjacent to the toilet.
     3    (B) If a bathtub is present in the bathroom, such reinforcements shall
     4  include:
     5    (I)  two  backing reinforcements on the back wall of the bathtub, each
     6  at least twenty-four inches long, at least twenty inches  wide  and  not
     7  more  than  twenty-four  inches from the head end wall and not more than
     8  twelve inches from the foot end wall, one in a  horizontal  position  at
     9  least  thirty-three  inches,  but not more than thirty-six inches, above
    10  the floor, and one nine inches above the rim of the bathtub;
    11    (II) one backing reinforcement on the foot end wall of the bathtub, at
    12  least twenty inches long, at least eighteen inches wide and  located  at
    13  the front edge of the bathtub; and
    14    (III)  one  backing reinforcement on the head end wall of the bathtub,
    15  at least twelve inches long, at least eighteen inches wide  and  located
    16  at the front edge of the bathtub.
    17    (C)  If a shower is present in the bathroom, such reinforcements shall
    18  include backing reinforcements on  at  least  two  walls  on  which  the
    19  control  valves  are  not  located,  each centered at least thirty-three
    20  inches, but not more than thirty-six inches,  above  the  floor  and  at
    21  least eighteen inches wide.
    22    § 483. Exclusion. This article shall not apply to sites whose physical
    23  characteristics renders compliance with this article unreasonable.
    24    §  484. Enforcement. Any person, firm, corporation, partnership or any
    25  other business entity that violates any provision of this article  shall
    26  be  subject to a civil penalty of not less than fifty nor more than five
    27  hundred dollars for each  such  offense  and  each  day  on  which  such
    28  violation occurs or continues to occur shall be a separate offense.  Any
    29  violation  of  this article shall be enforceable by the attorney general
    30  and any aggrieved party, and any such party shall have the right to seek
    31  legal and equitable relief and the court may award reasonable costs  and
    32  attorney's fees associated with such action.
    33    § 2. This act shall take effect on the one hundred eightieth day after
    34  it  shall  have  become  a  law  and  shall  apply to dwelling units the
    35  construction of which begins on or after such date.
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