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

                                  5068

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. MILLMAN, PAULIN, BARRON, TITUS, MAGNARELLI, PRET-
  LOW,  GALEF,  DINOWITZ,  MAISEL,  ORTIZ,  CASTRO,  WEPRIN,  ROSENTHAL,
  ROBERTS -- Multi-Sponsored by -- M.   of A.  BARCLAY,  CAHILL,  GLICK,
  GOTTFRIED,  HOOPER,  LIFTON,  LUPARDO -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property law, in relation to  the  visitability
  of new homes by persons with disabilities

  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 article 16
to read as follows:
                               ARTICLE 16
                    VISITABILITY OF NEW CONSTRUCTION
SECTION 480. PURPOSE.
        481. APPLICABILITY OF NEW CONSTRUCTION.
        482. VISITABILITY REQUIREMENT.
        483. EXCLUSION.
        484. ENFORCEMENT.
  S 480. PURPOSE. THE PURPOSE OF THIS ARTICLE IS  TO  ESTABLISH  MINIMUM
REGULATIONS  FOR  THE  DESIGN  AND  CONSTRUCTION OF NEW HOMES TO PROVIDE
VISITABILITY TO SUCH HOMES BY PERSONS WITH DISABILITIES.
  S 481. APPLICABILITY OF NEW CONSTRUCTION. ANY NEW DWELLING UNIT  WHICH
WAS  DESIGNED,  CONSTRUCTED,  OR  COMMISSIONED,  CONTRACTED OR OTHERWISE
ARRANGED FOR DESIGN OR CONSTRUCTION, BY ANY PERSON OR ENTITY WHO, AT ANY
TIME DURING THE COMMISSIONING DESIGN OR CONSTRUCTION, RECEIVED NEW  YORK
STATE  OR  FEDERAL  FINANCIAL ASSISTANCE FOR SUCH DESIGN OR CONSTRUCTION
SHALL COMPLY WITH THE PROVISIONS  OF  THIS  ARTICLE.    STATE  FINANCIAL
ASSISTANCE SHALL NOT INCLUDE LOANS BACKED BY THE STATE OF NEW YORK MORT-
GAGE  AGENCY  (SONYMA).   FEDERAL FINANCIAL ASSISTANCE SHALL NOT INCLUDE
LOANS BACKED BY FEDERAL NATIONAL MORTGAGE ASSOCIATION  (FANNIE  MAE)  OR
FEDERAL  HOUSING  ADMINISTRATION (FHA) FINANCING OR OTHER MORTGAGE LOANS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01793-01-3
              

A. 5068                             2

BACKED BY A FEDERAL  MORTGAGE  LOAN  PROGRAM.    FOR  PURPOSES  OF  THIS
SECTION,  THE  TERM  "DWELLING UNIT" SHALL MEAN A DETACHED SINGLE FAMILY
HOME, A GROUND FLOOR UNIT IN A TOWN HOUSE, OR A GROUND FLOOR UNIT  IN  A
BUILDING  OF  THREE  OR  FEWER  DWELLING  UNITS WHICH IS DESIGNED AS, OR
INTENDED FOR OCCUPANCY AS A RESIDENCE.
  S 482. VISITABILITY REQUIREMENT. THE DESIGN AND CONSTRUCTION OF A  NEW
DWELLING UNIT SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
  1.  ACCESSIBLE  ENTRANCE.  (A)  EXCEPT AS PROVIDED IN PARAGRAPH (B) OF
THIS SUBDIVISION, THE GROUND LEVEL OF SUCH DWELLING UNIT  SHALL  CONTAIN
AT LEAST ONE ENTRANCE TO THE DWELLING UNIT THAT:
  (I)  IS  ACCESSIBLE  TO,  AND USABLE BY, PEOPLE WITH DISABILITIES SUCH
THAT ALL ROOMS ON THE LEVEL ARE CONNECTED BY AN ACCESSIBLE ROUTE;
  (II) DOES NOT CONTAIN ANY STEPS OR ANY  DOOR  THRESHOLD  THAT  EXCEEDS
ONE-HALF INCH IN HEIGHT; AND
  (III)  IS  LOCATED  ON  A CONTINUOUS UNOBSTRUCTED PATH FROM THE PUBLIC
STREET OR DRIVEWAY THAT SERVES THE UNIT, WHICH PATH AT NO  POINT  HAS  A
SLOPE  EXCEEDING ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH, HAS
A WIDTH OF NOT LESS THAN THIRTY-SIX INCHES AND HAS  A  CROSS  SLOPE  NOT
GREATER  THAN  TWO PERCENT OF THE WIDTH. SUCH UNOBSTRUCTED PATH SHALL BE
ABLE TO BE NEGOTIATED BY A PERSON AND MAY INCLUDE  CURB  RAMPS,  PARKING
ACCESS AISLES, WALKS, AND RAMPS.
  (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO A DWELLING UNIT IF:
  (I) THE FINISHED GRADE OF THE SITE IS TOO  STEEP  TO  PROVIDE  A  PATH
HAVING  A SLOPE OF ONE INCH IN RISE FOR EVERY TWELVE INCHES IN LENGTH AT
THE FRONT, SIDE, OR BACK OF THE UNIT;
  (II) THERE IS NO DRIVEWAY SERVING THE UNIT; AND
  (III) THERE IS NO ALLEY OR OTHER ROADWAY CAPABLE OF PROVIDING  VEHICU-
LAR ACCESS TO THE REAR OR SIDE OF THE UNIT.
  2.  ACCESSIBLE  INTERIOR  DOORS.  ALL DOORS THAT ARE DESIGNED TO ALLOW
PASSAGE WITHIN THE GROUND LEVEL OF SUCH  DWELLING  UNIT  SHALL  HAVE  AN
UNOBSTRUCTED OPENING OF AT LEAST THIRTY-SIX INCHES WHEN THE DOOR IS OPEN
AT A NINETY-DEGREE ANGLE.
  3.  ACCESSIBLE  ENVIRONMENTAL CONTROLS. ALL ENVIRONMENTAL CONTROLS AND
OUTLETS LOCATED ON THE GROUND LEVEL  OF  SUCH  DWELLING  UNIT  SHALL  BE
LOCATED  ON  THE  WALL  AT  LEAST  FIFTEEN  INCHES,  BUT  NOT  MORE THAN
FORTY-EIGHT INCHES, ABOVE THE FLOOR OR, IN  THE  CASE  OF  ENVIRONMENTAL
CONTROLS  AND  OUTLETS LOCATED DIRECTLY ABOVE A COUNTER, SINK, OR APPLI-
ANCE, NOT MORE THAN THREE INCHES ABOVE SUCH COUNTER, SINK, OR APPLIANCE.
  4. ACCESSIBLE HABITABLE SPACE AND BATHROOM. THE GROUND LEVEL  OF  SUCH
DWELLING UNIT SHALL CONTAIN THE FOLLOWING:
  (A) AT LEAST ONE INDOOR ROOM THAT HAS AN AREA OF NOT LESS THAN SEVENTY
SQUARE  FEET AND CONTAINS NO SIDE OR DIMENSION NARROWER THAN SEVEN FEET;
AND
  (B) AT LEAST ONE BATHROOM THAT CONTAINS, AT A MINIMUM, THE FOLLOWING:
  (I) CLEAR FLOOR SPACE OF THIRTY BY FORTY-EIGHT INCHES CENTERED ON  AND
CONTIGUOUS TO THE SINK, WHICH IS NOT ENCROACHED BY THE SWING PATH OF THE
BATHROOM DOOR;
  (II)  A  SINK  AND  A TOILET THAT EACH ALLOW FOR A PARALLEL OR HEAD-ON
APPROACH BY A PERSON IN A WHEELCHAIR; AND
  (III) WALLS THAT ARE REINFORCED TO BE CAPABLE OF SUPPORTING GRAB  BARS
THAT  RESIST  SHEAR AND BENDING FORCES OF A MINIMUM OF TWO HUNDRED FIFTY
POUNDS, AS FOLLOWS:
  (A) ALL WALLS ADJACENT TO THE TOILET  SHALL  HAVE  HORIZONTAL  BACKING
REINFORCEMENTS,  EACH  AT  LEAST  THIRTY-THREE INCHES, BUT NOT MORE THAN
THIRTY-SIX INCHES, ABOVE THE FLOOR, AND SUFFICIENT TO ALLOW FOR A  TWEN-

A. 5068                             3

TY-FOUR-INCH  GRAB  BAR  ON  THE  WALL  BEHIND  THE  TOILET  AND ANOTHER
FORTY-TWO-INCH GRAB BAR ON ONE  OR  THE  OTHER  WALLS  ADJACENT  TO  THE
TOILET.
  (B) IF A BATHTUB IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
INCLUDE:
  (I)  TWO  BACKING REINFORCEMENTS ON THE BACK WALL OF THE BATHTUB, EACH
AT LEAST TWENTY-FOUR INCHES LONG, AT LEAST TWENTY INCHES  WIDE  AND  NOT
MORE  THAN  TWENTY-FOUR  INCHES FROM THE HEAD END WALL AND NOT MORE THAN
TWELVE INCHES FROM THE FOOT END WALL, ONE IN A  HORIZONTAL  POSITION  AT
LEAST  THIRTY-THREE  INCHES,  BUT NOT MORE THAN THIRTY-SIX INCHES, ABOVE
THE FLOOR, AND ONE NINE INCHES ABOVE THE RIM OF THE BATHTUB;
  (II) ONE BACKING REINFORCEMENT ON THE FOOT END WALL OF THE BATHTUB, AT
LEAST TWENTY INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE AND  LOCATED  AT
THE FRONT EDGE OF THE BATHTUB; AND
  (III)  ONE  BACKING REINFORCEMENT ON THE HEAD END WALL OF THE BATHTUB,
AT LEAST TWELVE INCHES LONG, AT LEAST EIGHTEEN INCHES WIDE  AND  LOCATED
AT THE FRONT EDGE OF THE BATHTUB.
  (C)  IF A SHOWER IS PRESENT IN THE BATHROOM, SUCH REINFORCEMENTS SHALL
INCLUDE BACKING REINFORCEMENTS ON  AT  LEAST  TWO  WALLS  ON  WHICH  THE
CONTROL  VALVES  ARE  NOT  LOCATED,  EACH CENTERED AT LEAST THIRTY-THREE
INCHES, BUT NOT MORE THAN THIRTY-SIX INCHES,  ABOVE  THE  FLOOR  AND  AT
LEAST EIGHTEEN INCHES WIDE.
  S 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
  S  484. ENFORCEMENT. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP OR ANY
OTHER BUSINESS ENTITY THAT VIOLATES ANY PROVISION OF THIS ARTICLE  SHALL
BE  SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIFTY NOR MORE THAN FIVE
HUNDRED DOLLARS FOR EACH  SUCH  OFFENSE  AND  EACH  DAY  ON  WHICH  SUCH
VIOLATION OCCURS OR CONTINUES TO OCCUR SHALL BE A SEPARATE OFFENSE.  ANY
VIOLATION  OF  THIS ARTICLE SHALL BE ENFORCEABLE BY THE ATTORNEY GENERAL
AND ANY AGGRIEVED PARTY, AND ANY SUCH PARTY SHALL HAVE THE RIGHT TO SEEK
LEGAL AND EQUITABLE RELIEF AND THE COURT MAY AWARD REASONABLE COSTS  AND
ATTORNEY'S FEES ASSOCIATED WITH SUCH ACTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law  and  shall  apply to dwelling units the
construction of which begins on or after such date.