S T A T E   O F   N E W   Y O R K
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                                   225

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ROSENTHAL, FAHY, JAFFEE, BROOK-KRASNY, McDONALD,
  PERRY -- read once and referred to the Committee on Housing

AN ACT to amend the real property law, in relation to  the  installation
  of radiator covers

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

  Section 1. Section 235-b of the real property law, as added by chapter
597 of the laws of 1975, subdivision 3 as amended by chapter 403 of  the
laws  of 1983, paragraph (c) of subdivision 3 as added by chapter 116 of
the laws of 1997, is amended to read as follows:
  S 235-b. Warranty of habitability. 1. In every written or  oral  lease
or  rental  agreement  for  residential  premises the landlord or lessor
shall be deemed to covenant and warrant that the premises so  leased  or
rented  and  all areas used in connection therewith in common with other
tenants or residents are fit for  human  habitation  and  for  the  uses
reasonably  intended by the parties and that the occupants of such prem-
ises shall not be subjected to any conditions which would be  dangerous,
hazardous  or detrimental to their life, health or safety. When any such
condition has been caused by the misconduct of the tenant or  lessee  or
persons under his direction or control, it shall not constitute a breach
of such covenants and warranties.
  2.  (A)  IF A CHILD OF AGE TWELVE OR YOUNGER RESIDES WITHIN A TENANT'S
DWELLING A LANDLORD SHALL, AT THE WRITTEN  REQUEST  OF  THE  TENANT,  BE
RESPONSIBLE  FOR  THE  INSTALLATION OF A RADIATOR COVER ON ANY UNCOVERED
RADIATOR THAT: CARRIES STEAM, WATER, OR  OTHER  FLUIDS  AT  TEMPERATURES
EXCEEDING  ONE  HUNDRED SIXTY-FIVE DEGREES FAHRENHEIT; ARE NOT CURRENTLY
COVERED IN A MANNER THAT ENSURES  THAT  THE  TEMPERATURE  OF  THE  OUTER
SURFACE  DOES  NOT  EXCEED  ONE HUNDRED NINE DEGREES FAHRENHEIT; AND ARE
LOCATED IN THE TENANT'S DWELLING. THE LANDLORD SHALL  HAVE  NINETY  DAYS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04029-01-5
              

A. 225                              2

AFTER  RECEIPT OF SUCH WRITTEN REQUEST TO COMPLETE THE INSTALLATION OF A
RADIATOR COVER OR COVERS.
  (B)  ANY FAILURE OF THE LANDLORD TO INSTALL A RADIATOR COVER, PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE  DEEMED  TO  SUBJECT  THE
OCCUPANTS  OF THE DWELLING TO CONDITIONS DANGEROUS, HAZARDOUS, OR DETRI-
MENTAL TO THEIR LIFE, HEALTH, OR SAFETY. IN ANY CASE IN WHICH  A  TENANT
SHALL  MAKE  A PAYMENT IN ORDER TO INSTALL A REQUESTED RADIATOR COVER OR
COVERS, FOLLOWING THE FAILURE OF THE LANDLORD  TO  INSTALL  SUCH  COVERS
WITHIN  NINETY DAYS OF RECEIVING A WRITTEN REQUEST PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION, THE TENANT MAY DEDUCT FROM THE RENT THE REASON-
ABLE COST FOR THE INSTALLATION AND SHALL NOT BE LIABLE FOR  EVICTION  ON
THE GROUND OF THAT DEDUCTION.
  3.  Any agreement by a lessee or tenant of a dwelling waiving or modi-
fying his rights as set forth in this section shall be void as  contrary
to public policy.
  [3]  4.  In determining the amount of damages sustained by a tenant as
a result of a breach of the warranty  set  forth  in  the  section,  the
court[;]:
  (a) need not require any expert testimony; [and]
  (b)  shall,  to the extent the warranty is breached or cannot be cured
by reason of a strike or other labor dispute which is not caused  prima-
rily by the individual landlord or lessor and such damages are attribut-
able  to  such  strike,  exclude  recovery to such extent, except to the
extent of the net savings, if any, to the landlord or lessor  by  reason
of  such  strike  or  labor  dispute allocable to the tenant's premises,
provided, however, that the landlord or [lesser] LESSOR has made a  good
faith attempt, where practicable, to cure the breach[.]; AND
  (c)  where the premises is subject to regulation pursuant to the local
emergency housing rent control law, the emergency tenant protection  act
of nineteen seventy-four, the rent stabilization law of nineteen hundred
sixty-nine  or  the  city rent and rehabilitation law, reduce the amount
awarded hereunder by the total amount of any rent reduction  ordered  by
the  state  division  of  housing and community renewal pursuant to such
laws or act, awarded to the tenant, from the effective date of such rent
reduction order, that relates to one or more matters for which relief is
awarded hereunder.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.