NY State Senate Bill 2019-S173

Archive: Last Bill Status - In Senate Committee Judiciary 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 09, 2019	referred to judiciary

co-Sponsors

2019-S173 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §223-c, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4539
2021-2022: S2581
2023-2024: S2288

2019-S173 (ACTIVE) - Summary

Prohibits a landlord from banning a tenant from engaging in the display of the flag of the United States if the flag is displayed.

2019-S173 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S173

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the real property law, in relation to the rights of
tenants to display the flag of the United States

 
PURPOSE:

To allow those who rent property to have the privilege to display the
American flag.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Real Property Law by adding a new section 223-c.

Section 2 provides the effective date.

 
JUSTIFICATION:

The Freedom to Display the American Flag Act of 2005 primarily provides
protections for homeowners to display the American flag on their proper-
ty. These same protections are often times not provided to those who
rent property. Owners of rental properties even have the ability to ban
such display by their tenants.

New York has created protections for condominium owners through the
State's Condominium Act. Section 339-j of Article 9-B of the Real Prop-
erty Law requires each condominium unit owner to strictly comply with
the by-laws and adopted rules, but prohibits any action or proceeding
for relief to be maintained due to the display of a United States flag
that is not more than four by six feet. While New York has created these
protections for condominium owners, it has not gone as far as some other
states such as Ohio and Nevada to create protections for renters. This
bill would follow the example of these states and provide for
protections to tenants of rental property.  Displaying the American flag
is not only a way to show patriotism and to support the United States of
America; it is a right.

 
LEGISLATIVE HISTORY:

2018: S.4539 passed Senate/A.7822 referred to Judiciary
2017: S.4539 passed Senate/A.7822 referred to Judiciary

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S173 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    173
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. HELMING, RITCHIE -- 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  the  rights  of
   tenants to display the flag of the United States

   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
 223-c to read as follows:
   § 223-C. RIGHTS OF TENANTS TO DISPLAY THE FLAG OF THE UNITED STATES IN
 CERTAIN  AREAS.  1. NO LANDLORD SHALL PROHIBIT A TENANT FROM ENGAGING IN
 THE DISPLAY OF THE FLAG OF THE UNITED STATES IF THE FLAG IS DISPLAYED IN
 ACCORDANCE WITH:
   A. THE PATRIOTIC CUSTOMS SET FORTH IN 4  U.S.C.  5-10,  GOVERNING  THE
 DISPLAY AND USE OF THE FLAG OF THE UNITED STATES;
   B. FEDERAL LAW, STATE LAW, OR ANY LOCAL ORDINANCE OR RESOLUTION; AND
   C. DOES NOT INFRINGE UPON THE SPACE RENTED BY ANY OTHER TENANT.
   2. AS USED IN THIS SECTION, "DISPLAY OF THE FLAG OF THE UNITED STATES"
 MEANS A FLAG OF THE UNITED STATES THAT IS:
   A. MADE OF CLOTH, FABRIC OR PAPER;
   B. DISPLAYED FROM A POLE OR STAFF OR IN A WINDOW; AND
   C. DISPLAYED IN A MANNER THAT IS CONSISTENT WITH 4 U.S.C. CHAPTER 1.
   3.  A  TENANT WHO REQUESTS TO DISPLAY THE FLAG OF THE UNITED STATES AT
 THE RENTAL PROPERTY AS PROVIDED IN THIS SECTION, SHALL CONTACT THE LAND-
 LORD WITH REASONABLE NOTICE BEFORE DISPLAY TO DISCUSS THE FOLLOWING:
   A. PLACEMENT IN COMPLIANCE WITH ANY LOCAL ZONING RESTRICTIONS; AND
   B. THE APPROPRIATE SIZE OF THE FLAG, WHICH SHALL  BE  CONSISTENT  WITH
 THE SIZE AND CHARACTER OF THE DWELLING UNIT.
   4.  NOTHING  IN  THIS  SECTION  EXEMPTS A TENANT FROM A PROVISION IN A
 LEASE AGREEMENT THAT REQUIRES A TENANT, AT THE TERMINATION OF  A  LEASE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04923-01-9

 S. 173                              2
 
 TO  RETURN  THE  PREMISES IN THE SAME CONDITION AS THEY WERE IN WHEN THE
 TENANT TOOK POSSESSION.
   5.  THE  TENANT  IS  LIABLE FOR DAMAGES CAUSED BY A UNITED STATES FLAG
 DISPLAYED BY A TENANT.
   § 2. This act shall take effect immediately.

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Senate Bill S173

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2019-S173 (ACTIVE) - Details

2019-S173 (ACTIVE) - Summary

2019-S173 (ACTIVE) - Sponsor Memo

2019-S173 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S173

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Patty Ritchie

2019-S173 (ACTIVE) - Details

2019-S173 (ACTIVE) - Summary

2019-S173 (ACTIVE) - Sponsor Memo

2019-S173 (ACTIVE) - Bill Text download pdf

Comments