S07113 Summary:

BILL NOS07113
 
SAME ASNo Same As
 
SPONSORAVELLA
 
COSPNSR
 
MLTSPNSR
 
Amd §7-210, NYC Ad Cd
 
Relates to removing liability for sidewalk maintenance for cooperative apartment buildings, condominium buildings, nonprofit organizations and houses of worship.
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S07113 Actions:

BILL NOS07113
 
01/03/2018REFERRED TO CITIES
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S07113 Committee Votes:

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S07113 Floor Votes:

There are no votes for this bill in this legislative session.
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S07113 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7113
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 3, 2018
                                       ___________
 
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  removing  liability for sidewalk maintenance for cooper-
          ative apartment buildings, condominium buildings, nonprofit  organiza-
          tions and houses of worship
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions b and c of section 7-210 of the administrative
     2  code of the city of New York, as added by local law  number  49  of  the
     3  city of New York for the year 2003, are amended to read as follows:
     4    b. Notwithstanding any other provision of law, the owner of real prop-
     5  erty  abutting  any  sidewalk, including, but not limited to, the inter-
     6  section quadrant for corner property, shall be liable for any injury  to
     7  property  or personal injury, including death, proximately caused by the
     8  failure of such owner to maintain such sidewalk  in  a  reasonably  safe
     9  condition. Failure to maintain such sidewalk in a reasonably safe condi-
    10  tion  shall  include,  but  not  be limited to, the negligent failure to
    11  install, construct, reconstruct, repave,  repair  or  replace  defective
    12  sidewalk  flags  and  the negligent failure to remove snow, ice, dirt or
    13  other material from the sidewalk. This subdivision shall  not  apply  to
    14  one-,  two-  or  three-family  residential  real property that is (i) in
    15  whole or in part, owner occupied, and (ii) used exclusively for residen-
    16  tial purposes.   This subdivision shall  not  apply  to  cooperative  or
    17  condominium apartment buildings nor shall this subdivision apply to real
    18  property  that  is  used as a house of worship, or real property that is
    19  owned by a nonprofit, or real property used  exclusively  for  nonprofit
    20  purposes.  For  purposes  of  this  section, the term "house of worship"
    21  shall have the same meaning as defined in section 19-162.1 of this code.
    22    c. Notwithstanding any other provision of law, the city shall  not  be
    23  liable  for  any injury to property or personal injury, including death,
    24  proximately caused by the failure  to  maintain  sidewalks  (other  than
    25  sidewalks  abutting one-, two- or three-family residential real property
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13589-01-7

        S. 7113                             2
 
     1  that is (i) in whole or in part, owner occupied, and  (ii)  used  exclu-
     2  sively  for  residential  purposes; or sidewalks abutting cooperative or
     3  condominium apartment buildings; or  sidewalks  abutting  real  property
     4  that  is used as a house of worship, or real property that is owned by a
     5  nonprofit, or real property used exclusively for nonprofit purposes)  in
     6  a reasonably safe condition.  This subdivision shall not be construed to
     7  apply  to  the  liability  of  the  city as a property owner pursuant to
     8  subdivision b of this section.
     9    § 2. This act shall take effect immediately.
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