STATE OF NEW YORK
________________________________________________________________________
5386
2015-2016 Regular Sessions
IN ASSEMBLY
February 20, 2015
___________
Introduced by M. of A. CYMBROWITZ, DINOWITZ, CRESPO, JAFFEE, COLTON,
ROBINSON, WEPRIN, HOOPER -- Multi-Sponsored by -- M. of A. ARROYO,
AUBRY -- read once and referred to the Committee on Aging
AN ACT to amend the real property law, in relation to requiring protec-
tive devices to be provided in apartments for seniors and persons with
physical impairments
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 section
2 235-h to read as follows:
3 § 235-h. Protective devices for tenants who are seniors or persons
4 with physical disabilities. 1. As used in this section the following
5 terms shall have the following meanings: (a) "senior" shall mean an
6 individual aged sixty-five years or older; (b) "person with a physical
7 impairment" shall mean an individual with (i) a physical impairment
8 resulting from an anatomical, physiological, genetic, or neurological
9 condition which prevents the exercise of a normal bodily function or is
10 demonstrable by medically accepted clinical or laboratory diagnostic
11 techniques; or (ii) a record of such impairment; or (iii) a condition
12 regarded by others as such an impairment; and (c) "protective devices"
13 shall mean grab bars on the walls of shower and bathtub stalls, grab
14 bars adjacent to toilets and water closets, and threshold ramps to elim-
15 inate tripping hazards.
16 2. A tenant who is a senior or person with a physical impairment shall
17 have the right to request that protective devices be installed in their
18 residential unit. Such request must be made in writing to the owner,
19 lessor, agent, or other person who manages or controls the residential
20 dwelling. Notice of this right shall be provided in the lease governing
21 the tenant's residential unit.
22 3. It shall be the duty of the owner, lessor, agent, or other person
23 who manages or controls a residential dwelling to provide, install, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07397-02-5
A. 5386 2
1 maintain in a safe manner, which shall include any structural reinforce-
2 ment necessary, protective devices upon receipt of a written request
3 pursuant to subdivision two of this section. The installation of the
4 protective devices shall be completed within ninety days after receipt
5 of such written request.
6 4. Notwithstanding any other provision of law to the contrary,
7 installing a protective device pursuant to this section shall not be
8 considered a major capital improvement nor shall it be considered an
9 individual apartment improvement.
10 5. Any person who violates the provisions of this section shall be
11 guilty of a violation.
12 § 2. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law.
