STATE OF NEW YORK
________________________________________________________________________
3181
2011-2012 Regular Sessions
IN ASSEMBLY
January 24, 2011
___________
Introduced by M. of A. ROSENTHAL, JAFFEE -- Multi-Sponsored by -- M. of
A. McENENY -- 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 direction or control, it shall not constitute a breach
15 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.
LBD04572-01-1
A. 3181 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 [2] 3. Any agreement by a lessee or tenant of a dwelling waiving or
12 modifying his rights as set forth in this section shall be void as
13 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.
