S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2718
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sens.  KRUEGER, ADDABBO, BAILEY, SEPULVEDA -- 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  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.
   § 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.
   § 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
 BACKED BY A FEDERAL  MORTGAGE  LOAN  PROGRAM.    FOR  PURPOSES  OF  THIS
 SECTION,  THE  TERM  "DWELLING UNIT" SHALL MEAN A DETACHED SINGLE FAMILY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01682-01-9

 S. 2718                             2
 
 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.
   §  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  APPLIANCE,  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-
 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.

 S. 2718                             3
 
   (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.
   § 483. EXCLUSION. THIS ARTICLE SHALL NOT APPLY TO SITES WHOSE PHYSICAL
 CHARACTERISTICS RENDERS COMPLIANCE WITH THIS ARTICLE UNREASONABLE.
   §  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.
   § 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.