NY State Senate Bill 2013-S5212A

Archive: Last Bill Status - Signed by Governor

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 05, 2014	signed chap.202
Aug 01, 2014	delivered to governor
Jun 12, 2014	returned to senate passed assembly ordered to third reading cal.443 substituted for a7641a
Jun 10, 2014	referred to judiciary delivered to assembly passed senate
May 19, 2014	advanced to third reading
May 14, 2014	2nd report cal.
May 13, 2014	1st report cal.666
Jan 08, 2014	referred to judiciary
Jun 10, 2013	print number 5212a
Jun 10, 2013	amend and recommit to judiciary
May 14, 2013	referred to judiciary

Votes

- Jun 10, 2014 - Floor Vote
  S5212A
  
  49
  
  Aye
  
  9
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2014
      
      aye (49)
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Grisanti
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      Montgomery
      
      O'Brien
      
      Parker
      
      Peralta
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (9)
      
      Ball
      
      DeFrancisco
      
      Farley
      
      Griffo
      
      Marchione
      
      Nozzolio
      
      O'Mara
      
      Ranzenhofer
      
      Seward
      
      excused (3)
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Smith
  May 13, 2014 - Judiciary Committee Vote
  S5212A
  
  19
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 13, 2014
      
      aye (19)
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Espaillat
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      LaValle
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Savino
      
      Squadron
      
      Stavisky
      
      Zeldin
      
      aye wr (3)
      
      Flanagan
      
      Little
      
      Ranzenhofer
      
      excused (1)
      
      Dilan

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S5212 - Details

See Assembly Version of this Bill:: A7641
Law Section:: Real Property Law
Laws Affected:: Add §231-a, RP L

2013-S5212 - Summary

Relates to sprinkler system notice in residential leases.

2013-S5212 - Sponsor Memo

                                BILL NUMBER:S5212

TITLE OF BILL:  An act to amend the real property law, in relation to
sprinkler system notice in residential leases

PURPOSE:

To require all residential leases entered into on or after January 1,
2014 to include conspicuous notice as to the existence or
non-existence of a sprinkler system in the leased premises.

SUMMARY OF PROVISIONS:

Section 1:

The first section provides that all leases entered into on or after
January 1, 2014 shall provide conspicuous notice in bold face type as
to the existence or non-existence of a maintained and operative
sprinkler system in the leased premises. "Sprinkler system" has the
same definition as is provided in section 155-a of the executive law.
It further provides that if there is a maintained and operative
sprinkler system in the leased premises, that the residential lease
shall also provide information regarding the last date of the
maintenance and inspection. Finally, failure to provide notice in the
lease as to the existence or non-existence of a maintained and
operative sprinkler system shall deem the lease void, and the lessee

shall be entitled to recover and consideration paid by he or she to
enter into the lease.

Section 2:  The second section is the effective date.

JUSTIFICATION:

On January 21, 2012, Kerry Rose Fitzsimons, Eva Block, and Kevin
Johnson were tragically killed in an off-campus fire while attending
Marist College. The fire was so strong and so fast that none of the
three students were able to escape.

What is known for certain was that there was no sprinkler system
installed in the off-campus home. According to the Fire Sprinkler
Initiative, the availability of smoke detectors, coupled with a
maintained and operative sprinkler system installed in a residence,
decreases the risk of dying in a fire by over 80%.

Currently, sprinkler systems are only required in newly constructed
apartment buildings outside of the "Big 5" cities in New York. Older
apartment buildings, and any other type of residential dwelling,
therefore, do not currently require sprinkler systems. This
legislation would require that every residential lease entered into on
or after January 1, 2014 provide conspicuous notice as to the
existence or non-existence of a sprinkler system. Being provided
notice as to the existence or non-existence of a sprinkler system will
help prospective tenants make an informed decision about where they
choose to live.

In honor of Kerry Rose, Eva, and Kevin it is imperative that we
provide all future tenants with the knowledge-and peace of mind-of the


existence or non-existence of a fire sprinkler system on the premises
before they sign a lease.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5212 - Bill Text download pdf

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

                                  5212

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

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

AN ACT to amend the real property law, in relation to  sprinkler  system
  notice in residential leases

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

  Section 1. The real property law is amended by adding  a  new  section
231-a to read as follows:
  S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI-
DENTIAL LEASE ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND FOUR-
TEEN,  SHALL  PROVIDE  CONSPICUOUS  NOTICE  IN  BOLD FACE TYPE AS TO THE
EXISTENCE OR NON-EXISTENCE  OF  A  MAINTAINED  AND  OPERATIVE  SPRINKLER
SYSTEM IN THE LEASED PREMISES.
  2.  FOR  PURPOSES  OF  THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC-
UTIVE LAW.
  3. IF THERE IS A MAINTAINED AND  OPERATIVE  SPRINKLER  SYSTEM  IN  THE
LEASED  PREMISES,  THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER
NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION.
  4. FAILURE TO PROVIDE NOTICE IN THE RESIDENTIAL LEASE AGREEMENT AS  TO
THE  EXISTENCE  OR NON-EXISTENCE OF A MAINTAINED AND OPERATIVE SPRINKLER
SYSTEM SHALL DEEM THE LEASE VOID, AND THE LESSEE SHALL  BE  ENTITLED  TO
RECOVER THE CONSIDERATION PAID.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10953-01-3

co-Sponsors

2013-S5212A (ACTIVE) - Details

See Assembly Version of this Bill:: A7641
Law Section:: Real Property Law
Laws Affected:: Add §231-a, RP L

2013-S5212A (ACTIVE) - Summary

Relates to sprinkler system notice in residential leases.

2013-S5212A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5212A

TITLE OF BILL:  An act to amend the real property law, in relation to
sprinkler system notice in residential leases

PURPOSE:  To require all residential leases to include conspicuous
notice as to the existence or non-existence of a sprinkler system in
the leased premises.

SUMMARY OF PROVISIONS:

Section 1:

The first section provides that all leases entered into on or after
January 1, 2014 shall provide conspicuous notice in bold face type as
to the existence or non-existence of a maintained and operative
sprinkler system in the leased premises. "Sprinkler system" has the
same definition as is provided in section 155-a of the executive law.
It further provides that if there is a maintained and operative
sprinkler system in the leased premises, that the residential lease
shall also provide information regarding the last date of the
maintenance and inspection.

Section 2: The second section is the effective date.

JUSTIFICATION:  On January 21, 2012, Kerry Rose Fitzsimons, Eva Block,

and Kevin Johnson were tragically killed in an off-campus fire while
attending Marist College. The fire was so strong and so fast that none
of the three students were able to escape.

What is known for certain was that there was no sprinkler system
installed in the off-campus home. According to the Fire Sprinkler
Initiative, the availability of smoke detectors, coupled with a
maintained and operative sprinkler system installed in a residence,
decreases the risk of dying in a fire by over 80%.

Currently, sprinkler systems are only required in newly constructed
apartment buildings outside of the "Big 5" cities in New York. Older
apartment buildings, and any other type of residential dwelling,
therefore, do not currently require sprinkler systems. This
legislation would require that every residential lease entered into on
or after January 1, 2014 provide conspicuous notice as to the
existence or non-existence of a sprinkler system. Being provided
notice as to the existence or non-existence of a sprinkler system will
help prospective tenants make an informed decision about where they
choose to live.

In honor of Kerry Rose, Eva, and Kevin it is imperative that we
provide all future tenants with the knowledge-and peace of mind-of the
existence or non-existence of a fire sprinkler system on the premises
before they sign a lease.

LEGISLATIVE HISTORY:  New bill.

FISCAL IMPLICATIONS:  None to the state.


EFFECTIVE DATE:  This act shall take effect on the one hundred
twentieth day after it shall have become a law, and shall apply to
leases entered into on or after such date.

2013-S5212A (ACTIVE) - Bill Text download pdf

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

                                 5212--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN,  FUSCHILLO,  MARTINS  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property law, in relation to  sprinkler  system
  notice in residential leases

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

  Section 1. The real property law is amended by adding  a  new  section
231-a to read as follows:
  S 231-A. SPRINKLER SYSTEM NOTICE IN RESIDENTIAL LEASES. 1. EVERY RESI-
DENTIAL  LEASE  SHALL PROVIDE CONSPICUOUS NOTICE IN BOLD FACE TYPE AS TO
THE EXISTENCE OR NON-EXISTENCE OF A MAINTAINED AND  OPERATIVE  SPRINKLER
SYSTEM IN THE LEASED PREMISES.
  2.  FOR  PURPOSES  OF  THIS SECTION, "SPRINKLER SYSTEM" SHALL HAVE THE
SAME MEANING AS DEFINED IN SECTION ONE HUNDRED FIFTY-FIVE-A OF THE EXEC-
UTIVE LAW.
  3. IF THERE IS A MAINTAINED AND  OPERATIVE  SPRINKLER  SYSTEM  IN  THE
LEASED  PREMISES,  THE RESIDENTIAL LEASE AGREEMENT SHALL PROVIDE FURTHER
NOTICE AS TO THE LAST DATE OF MAINTENANCE AND INSPECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to leases entered into on or
after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10953-03-3

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Senate Bill S5212A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 10, 2014 - Floor Vote

Floor Vote: Jun 10, 2014

May 13, 2014 - Judiciary Committee Vote

Judiciary Committee Vote: May 13, 2014

Bill Amendments

co-Sponsors

2013-S5212 - Details

2013-S5212 - Summary

2013-S5212 - Sponsor Memo

2013-S5212 - Bill Text download pdf

co-Sponsors

2013-S5212A (ACTIVE) - Details

2013-S5212A (ACTIVE) - Summary

2013-S5212A (ACTIVE) - Sponsor Memo

2013-S5212A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5212A

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Charles J. Fuschillo Jr.

Jack M. Martins

2013-S5212 - Details

2013-S5212 - Summary

2013-S5212 - Sponsor Memo

2013-S5212 - Bill Text download pdf

co-Sponsors

Jack M. Martins

2013-S5212A (ACTIVE) - Details

2013-S5212A (ACTIVE) - Summary

2013-S5212A (ACTIVE) - Sponsor Memo

2013-S5212A (ACTIVE) - Bill Text download pdf

Comments