NY State Senate Bill 2013-S5012A

Senate Bill S5012A

2013-2014 Legislative Session

Requires owners of multiple dwelling properties to develop, implement and distribute smoking policies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
May 10, 2013	print number 5012a
May 10, 2013	amend and recommit to health
May 06, 2013	referred to health

Bill Amendments

Original

A (Active)

2013-S5012 - Details

See Assembly Version of this Bill:: A495
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-y, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10498
2015-2016: A35
2017-2018: A26
2019-2020: A353
2021-2022: A445
2023-2024: A171

2013-S5012 - Summary

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.

2013-S5012 - Sponsor Memo

                                BILL NUMBER:S5012

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:

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 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
contracts of sale and distributed 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
agreement.

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.

JUSTIFICATION:


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 of 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 permitted, 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.

LEGISLATIVE HISTORY:

A.10498-A of 2012 - referred to codes

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.

2013-S5012 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5012

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  requiring  owners
  of  multiple  dwelling properties to develop, implement and distribute
  smoking policies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative findings.   Secondhand smoke is produced from
the lighted end of tobacco products and from smoke exhaled from a  smok-
er.  Secondhand smoke is a known carcinogen and exposure to it is linked
to  increased  risk  of  cancer,  respiratory  complications  and  heart
disease.  Any  level of exposure to secondhand smoke is harmful to chil-
dren and adults; it is estimated that 3,400  nonsmoking  adults  die  of
lung cancer and up to one million asthmatic children have worsened asth-
ma  and  asthma-related  problems  each  year  in the United States as a
result of inhaling secondhand smoke.  Private owners and public  housing
authorities may restrict smoking in or on their properties. In buildings
with  multifamily  units,  smoke  can  spread  between units through air
ducts, cracks and elevator shafts and  involuntarily  expose  nonsmoking
tenants.  Secondhand  smoke often cannot be controlled using ventilation
systems, air cleaning,  or  separating  non-smokers  from  smokers.  The
intent  of  this  legislation  is to require owners of multiple dwelling
properties to develop, incorporate into leases and  contracts  of  sale,
and  to  distribute smoking policies to current and prospective tenants.
The bill acts to help nonsmokers protect themselves and  their  families
from secondhand smoke by providing information they can weigh in select-
ing  a  new  residence in a multiple dwelling building and to reduce the
number of conflicts between nonsmokers and smokers.
  S 2. The public health law is amended by adding a new  section  1399-y
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10736-01-3

S. 5012                             2

  S  1399-Y.   MULTIPLE DWELLING SMOKING POLICY. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "MULTIPLE  DWELLING" MEANS: (I) A MULTIPLE DWELLING THAT IS OCCU-
PIED FOR PERMANENT RESIDENCE PURPOSES OF THREE OR MORE  FAMILIES  LIVING
INDEPENDENTLY OF EACH OTHER.
  (II)  FOR  PURPOSES  OF THIS PARAGRAPH, "PERMANENT RESIDENCE PURPOSES"
SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE SAME NATURAL PERSON
OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE.
  (B) "DWELLING UNIT" MEANS ANY ROOM OR GROUP OF ROOMS LOCATED WITHIN  A
DWELLING  AND  FORMING A SINGLE HABITABLE UNIT WITH FACILITIES WHICH ARE
USED OR INTENDED TO BE USED FOR LIVING OR SLEEPING BY HUMAN OCCUPANTS.
  (C) "OWNER" MEANS:  (I) IN THE CASE OF A BUILDING WITH RENTAL DWELLING
UNITS, OTHER THAN A CONDOMINIUM OR A COOPERATIVE APARTMENT  CORPORATION,
THE  OWNER OF RECORD; OR (II) IN THE CASE OF A CONDOMINIUM, THE BOARD OF
MANAGERS; OR (III) IN THE CASE OF A COOPERATIVE  APARTMENT  CORPORATION,
THE BOARD OF DIRECTORS.
  (D)  "UNIT  OWNER"  MEANS  IN  THE  CASE OF A CONDOMINIUM, ANY PERSON,
INCLUDING A SPONSOR, WHO, ALONE, JOINTLY OR SEVERALLY  WITH  ANOTHER  OR
OTHERS  HAS  LEGAL  TITLE  TO ANY DWELLING UNIT IN THE BUILDING, WITH OR
WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF.
  (E) WHEN REFERRING TO A DWELLING UNIT IN A MULTIPLE DWELLING, "TENANT"
MEANS A TENANT, TENANT-STOCKHOLDER OF  A  COOPERATIVE  APARTMENT  CORPO-
RATION,  SUBTENANT,  LESSEE,  SUBLESSEE  OR OTHER PERSON ENTITLED TO THE
POSSESSION OR TO THE USE OR OCCUPANCY OF A DWELLING UNIT.
  2. AN OWNER OF A MULTIPLE DWELLING PROPERTY IS HEREBY REQUIRED TO:
  (A) DEVELOP AND IMPLEMENT A WRITTEN SMOKING POLICY THAT DETAILS  WHERE
AND  WHEN  SMOKING  IS  PERMITTED  OR  PROHIBITED, ADDRESSING ALL INDOOR
LOCATIONS OF THE PROPERTY IN QUESTION, INCLUDING COMMON AREAS AND DWELL-
ING UNITS, AND ALL OUTDOOR AREAS, INCLUDING COMMON COURTYARDS,  ROOFTOPS
AND  BALCONIES,  PATIOS  AND  OTHER  OUTDOOR AREAS CONNECTED TO DWELLING
UNITS, AND THAT APPLIES TO ALL TENANTS AND ANY OTHER PERSON ON THE PREM-
ISES;
  (B) DISTRIBUTE THE SMOKING POLICY TO ALL CURRENT TENANTS OF THE MULTI-
PLE DWELLING WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION OR
OF DEVELOPMENT OF A NEW OR AMENDED SMOKING POLICY;
  (C) POST A COPY OF THE SMOKING POLICY IN THE FOLLOWING COMMON AREAS OF
THE MULTIPLE DWELLING, IF APPLICABLE: ALL ENTRANCES, WALLS  ADJACENT  TO
ELEVATORS AND MAILBOXES, LAUNDRY ROOMS AND ANY OTHER COMMON ROOMS;
  (D)  IN  THE CASE OF A RENTAL BUILDING, INCORPORATE THE SMOKING POLICY
INTO THE LEASE FOR ANY DWELLING UNIT, AND IN THE CASE OF A  CONDOMINIUM,
INCORPORATE THE SMOKING POLICY INTO THE CONDOMINIUM BYLAWS AND CONTRACTS
OF SALES;
  (E) IN THE CASE OF A BUILDING WITH RENTAL DWELLING UNITS, OTHER THAN A
CONDOMINIUM  OR  A  COOPERATIVE APARTMENT CORPORATION, PROVIDE A COPY OF
THE SMOKING POLICY TO ALL CURRENT AND PROSPECTIVE  TENANTS  BEFORE  THEY
ENTER INTO ORAL LEASES OR AGREEMENTS TO RENT;
  (F)  ON  AN  ANNUAL BASIS, PROVIDE A COPY OF THE SMOKING POLICY TO ALL
TENANTS;
  (G) PROVIDE A COPY OF THE SMOKING POLICY UPON REQUEST TO  ANY  PERSON;
AND
  (H) MAKE AVAILABLE FOR INSPECTION BY THE ENFORCEMENT OFFICER COPIES OF
THE  FOLLOWING:  (I)  THE ANNUAL DISCLOSURE REQUIRED BY PARAGRAPH (F) OF
SUBDIVISION TWO OF THIS SECTION FOR THE  CURRENT  YEAR;  AND  (II)  EACH
NOTIFICATION OF AN AMENDMENT MADE WITHIN THE PAST YEAR PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.

S. 5012                             3

  3.  NOTHING IN THIS SECTION SHALL AUTHORIZE AN OWNER TO ADOPT A POLICY
THAT THE OWNER IS NOT OTHERWISE AUTHORIZED TO ADOPT.  THE SMOKING POLICY
AND ANY AMENDMENTS THERETO SHALL BE BINDING ON A TENANT RENTING OR LEAS-
ING  A DWELLING UNIT ONLY TO THE EXTENT PROVIDED IN SUCH TENANT'S EXIST-
ING  LEASE  OR  SUBLEASE AGREEMENT, PROVIDED THAT THE SMOKING POLICY AND
ANY AMENDMENTS THERETO SHALL NOT BE BINDING ON ANY TENANT  IN  OCCUPANCY
OF  A  RENT  CONTROLLED  OR  RENT  STABILIZED DWELLING UNIT PRIOR TO THE
ADOPTION OF THE INITIAL SMOKING POLICY AS REQUIRED IN THIS SECTION.
  4. (A) AN OWNER WHO VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  BE
SUBJECT  TO  THE  IMPOSITION  BY  THE ENFORCEMENT OFFICER, AS DEFINED BY
SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-T OF THIS  ARTI-
CLE  OF  A  CIVIL  PENALTY.  BEFORE  IMPOSING  SUCH A CIVIL PENALTY, THE
ENFORCEMENT OFFICER SHALL NOTIFY THE OWNER IN WRITING OF THE REASONS FOR
SUCH IMPOSITION OF A CIVIL PENALTY AND AFFORD THE OWNER  AN  OPPORTUNITY
TO  BE  HEARD  IN  PERSON  OR BY COUNSEL. PRIOR TO THE IMPOSITION OF THE
FIRST CIVIL PENALTY FOR AN ALLEGED VIOLATION OF THE PROVISIONS  OF  THIS
SECTION,  THE  ENFORCEMENT  OFFICER  SHALL ISSUE A WARNING TO THE OWNER,
PROVIDE INFORMATION TO THE OWNER ABOUT THE PROVISIONS  OF  THIS  SECTION
AND  PROVIDE THE OWNER THIRTY DAYS TO COMPLY WITH THE PROVISIONS OF THIS
SECTION.  FAILURE TO COMPLY WITHIN SUCH  THIRTY  DAY  TIME  PERIOD  WILL
RESULT  IN  IMPOSITION  OF A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED
DOLLARS.
  (B) ANY PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS  ARTICLE
MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  5.  THE  PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO RESTRICT
LOCAL JURISDICTIONS FROM ENACTING MORE STRINGENT LAWS,  RULES  OR  REGU-
LATIONS REGARDING THE SUBJECT MATTER REFERENCED HEREIN.
  S  3. This act shall take effect one year after it shall have become a
law.

co-Sponsors

2013-S5012A (ACTIVE) - Details

See Assembly Version of this Bill:: A495
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-y, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10498
2015-2016: A35
2017-2018: A26
2019-2020: A353
2021-2022: A445
2023-2024: A171

2013-S5012A (ACTIVE) - Summary

2013-S5012A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5012A

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:

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 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 distributed 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
agreement.

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.

JUSTIFICATION:


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 of 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 permitted, 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.

LEGISLATIVE HISTORY:

A.10498-A of 2012 - referred to codes

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.

2013-S5012A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5012--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to requiring owners
  of multiple dwelling properties to develop, implement  and  distribute
  smoking policies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.   Secondhand smoke is  produced  from
the  lighted end of tobacco products and from smoke exhaled from a smok-
er. Secondhand smoke is a known carcinogen and exposure to it is  linked
to  increased  risk  of  cancer,  respiratory  complications  and  heart
disease. Any level of exposure to secondhand smoke is harmful  to  chil-
dren  and  adults;  it  is estimated that 3,400 nonsmoking adults die of
lung cancer and up to one million asthmatic children have worsened asth-
ma and asthma-related problems each year  in  the  United  States  as  a
result  of inhaling secondhand smoke.  Private owners and public housing
authorities may restrict smoking in or on their properties. In buildings
with multifamily units, smoke  can  spread  between  units  through  air
ducts,  cracks  and  elevator shafts and involuntarily expose nonsmoking
tenants. Secondhand smoke often cannot be controlled  using  ventilation
systems,  air  cleaning,  or  separating  non-smokers  from smokers. The
intent of this legislation is to require  owners  of  multiple  dwelling
properties  to  develop, incorporate into leases and condominium bylaws,
and to distribute smoking policies to current and  prospective  tenants.
The  bill  acts to help nonsmokers protect themselves and their families
from secondhand smoke by providing information they can weigh in select-
ing a new residence in a multiple dwelling building and  to  reduce  the
number of conflicts between nonsmokers and smokers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10736-02-3

S. 5012--A                          2

  S  2.  The public health law is amended by adding a new section 1399-y
to read as follows:
  S  1399-Y.   MULTIPLE DWELLING SMOKING POLICY. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "MULTIPLE DWELLING" MEANS: (I) A MULTIPLE DWELLING THAT  IS  OCCU-
PIED  FOR  PERMANENT RESIDENCE PURPOSES OF THREE OR MORE FAMILIES LIVING
INDEPENDENTLY OF EACH OTHER.
  (II) FOR PURPOSES OF THIS PARAGRAPH,  "PERMANENT  RESIDENCE  PURPOSES"
SHALL CONSIST OF OCCUPANCY OF A DWELLING UNIT BY THE SAME NATURAL PERSON
OR FAMILY FOR THIRTY CONSECUTIVE DAYS OR MORE.
  (B)  "DWELLING UNIT" MEANS ANY ROOM OR GROUP OF ROOMS LOCATED WITHIN A
DWELLING AND FORMING A SINGLE HABITABLE UNIT WITH FACILITIES  WHICH  ARE
USED OR INTENDED TO BE USED FOR LIVING OR SLEEPING BY HUMAN OCCUPANTS.
  (C) "OWNER" MEANS:  (I) IN THE CASE OF A BUILDING WITH RENTAL DWELLING
UNITS,  OTHER THAN A CONDOMINIUM OR A COOPERATIVE APARTMENT CORPORATION,
THE OWNER OF RECORD; OR (II) IN THE CASE OF A CONDOMINIUM, THE BOARD  OF
MANAGERS;  OR  (III) IN THE CASE OF A COOPERATIVE APARTMENT CORPORATION,
THE BOARD OF DIRECTORS.
  (D) "UNIT OWNER" MEANS: (I) IN THE CASE OF A CONDOMINIUM, ANY  PERSON,
INCLUDING  A  SPONSOR,  WHO, ALONE, JOINTLY OR SEVERALLY WITH ANOTHER OR
OTHERS HAS LEGAL TITLE TO ANY DWELLING UNIT IN  THE  BUILDING,  WITH  OR
WITHOUT ACCOMPANYING ACTUAL POSSESSION THEREOF; OR (II) IN THE CASE OF A
COOPERATIVE APARTMENT CORPORATION, ANY PERSON, INCLUDING A SPONSOR, WHO,
ALONE,  JOINTLY  OR SEVERALLY WITH ANOTHER OR OTHERS HAS THE LEGAL RIGHT
TO OCCUPY ANY DWELLING UNIT THROUGH OWNERSHIP INTERESTS IN A COOPERATIVE
APARTMENT CORPORATION, WITH OR WITHOUT  ACCOMPANYING  ACTUAL  POSSESSION
THEREOF.
  (E) WHEN REFERRING TO A DWELLING UNIT IN A MULTIPLE DWELLING, "TENANT"
MEANS  A  TENANT,  TENANT-STOCKHOLDER  OF A COOPERATIVE APARTMENT CORPO-
RATION, CONDOMINIUM UNIT OWNER, SUBTENANT, LESSEE,  SUBLESSEE  OR  OTHER
PERSON ENTITLED TO THE POSSESSION OR TO THE USE OR OCCUPANCY OF A DWELL-
ING UNIT.
  2. AN OWNER OF A MULTIPLE DWELLING PROPERTY IS HEREBY REQUIRED TO:
  (A)  DEVELOP AND IMPLEMENT A WRITTEN SMOKING POLICY THAT DETAILS WHERE
AND WHEN SMOKING IS  PERMITTED  OR  PROHIBITED,  ADDRESSING  ALL  INDOOR
LOCATIONS OF THE PROPERTY IN QUESTION, INCLUDING COMMON AREAS AND DWELL-
ING  UNITS, AND ALL OUTDOOR AREAS, INCLUDING COMMON COURTYARDS, ROOFTOPS
AND BALCONIES, PATIOS AND OTHER  OUTDOOR  AREAS  CONNECTED  TO  DWELLING
UNITS, AND THAT APPLIES TO ALL TENANTS AND ANY OTHER PERSON ON THE PREM-
ISES;
  (B) DISTRIBUTE THE SMOKING POLICY TO ALL CURRENT TENANTS OF THE MULTI-
PLE DWELLING WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION OR
OF DEVELOPMENT OF A NEW OR AMENDED SMOKING POLICY;
  (C) POST A COPY OF THE SMOKING POLICY IN THE FOLLOWING COMMON AREAS OF
THE  MULTIPLE  DWELLING, IF APPLICABLE: ALL ENTRANCES, WALLS ADJACENT TO
ELEVATORS AND MAILBOXES, LAUNDRY ROOMS AND ANY OTHER COMMON ROOMS;
  (D) IN THE CASE OF A RENTAL BUILDING, INCORPORATE THE  SMOKING  POLICY
INTO  THE LEASE FOR ANY DWELLING UNIT, AND IN THE CASE OF A CONDOMINIUM,
INCORPORATE THE SMOKING POLICY INTO THE CONDOMINIUM BYLAWS;
  (E) IN THE CASE OF A BUILDING WITH RENTAL DWELLING UNITS, OTHER THAN A
CONDOMINIUM OR A COOPERATIVE APARTMENT CORPORATION, PROVIDE  A  COPY  OF
THE  SMOKING  POLICY  TO ALL CURRENT AND PROSPECTIVE TENANTS BEFORE THEY
ENTER INTO ORAL LEASES OR AGREEMENTS TO RENT;
  (F) ON AN ANNUAL BASIS, PROVIDE A COPY OF THE SMOKING  POLICY  TO  ALL
TENANTS;

S. 5012--A                          3

  (G)  PROVIDE  A COPY OF THE SMOKING POLICY UPON REQUEST TO ANY PERSON;
AND
  (H) MAKE AVAILABLE FOR INSPECTION BY THE ENFORCEMENT OFFICER COPIES OF
THE  FOLLOWING:  (I)  THE ANNUAL DISCLOSURE REQUIRED BY PARAGRAPH (F) OF
THIS SUBDIVISION FOR THE CURRENT YEAR; AND (II) EACH NOTIFICATION OF  AN
AMENDMENT  MADE  WITHIN  THE PAST YEAR PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION.
  3.  NOTHING IN THIS SECTION SHALL AUTHORIZE AN OWNER TO ADOPT A POLICY
THAT THE OWNER IS NOT OTHERWISE AUTHORIZED TO ADOPT.  THE SMOKING POLICY
AND ANY AMENDMENTS THERETO SHALL BE BINDING ON A TENANT RENTING OR LEAS-
ING A DWELLING UNIT ONLY TO THE EXTENT PROVIDED IN SUCH TENANT'S  EXIST-
ING  LEASE  OR  SUBLEASE AGREEMENT, PROVIDED THAT THE SMOKING POLICY AND
ANY AMENDMENTS THERETO SHALL NOT BE BINDING ON ANY TENANT  IN  OCCUPANCY
OF  A  RENT  CONTROLLED  OR  RENT  STABILIZED DWELLING UNIT PRIOR TO THE
ADOPTION OF THE INITIAL SMOKING POLICY AS REQUIRED IN THIS SECTION.
  4. (A) AN OWNER WHO VIOLATES THE PROVISIONS OF THIS SECTION  SHALL  BE
SUBJECT  TO  THE  IMPOSITION  BY  THE ENFORCEMENT OFFICER, AS DEFINED BY
SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED NINETY-NINE-T OF THIS  ARTI-
CLE  OF  A  CIVIL  PENALTY.  BEFORE  IMPOSING  SUCH A CIVIL PENALTY, THE
ENFORCEMENT OFFICER SHALL NOTIFY THE OWNER IN WRITING OF THE REASONS FOR
SUCH IMPOSITION OF A CIVIL PENALTY AND AFFORD THE OWNER  AN  OPPORTUNITY
TO  BE  HEARD  IN  PERSON  OR BY COUNSEL. PRIOR TO THE IMPOSITION OF THE
FIRST CIVIL PENALTY FOR AN ALLEGED VIOLATION OF THE PROVISIONS  OF  THIS
SECTION,  THE  ENFORCEMENT  OFFICER  SHALL ISSUE A WARNING TO THE OWNER,
PROVIDE INFORMATION TO THE OWNER ABOUT THE PROVISIONS  OF  THIS  SECTION
AND  PROVIDE THE OWNER THIRTY DAYS TO COMPLY WITH THE PROVISIONS OF THIS
SECTION.  FAILURE TO COMPLY WITHIN SUCH  THIRTY  DAY  TIME  PERIOD  WILL
RESULT  IN  IMPOSITION  OF A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED
DOLLARS.
  (B) ANY PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS  ARTICLE
MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  5.  THE  PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO RESTRICT
LOCAL JURISDICTIONS FROM ENACTING MORE STRINGENT LAWS,  RULES  OR  REGU-
LATIONS REGARDING THE SUBJECT MATTER REFERENCED HEREIN.
  S  3. This act shall take effect one year after it shall have become a
law.

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