New York S 3462: Provides that a tenant has the right to display the United States flag

Bill Text

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S03462 Summary:

BILL NOS03462 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHELMING

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §223-c, RP L

&nbsp

Relates to the rights of tenants to display the flag of the United States.

Go to top S03462 Actions:

BILL NOS03462 

&nbsp

01/27/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS03462 Committee&nbspVotes:

Go to topS03462 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03462 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3462

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sen. HELMING -- 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:

 1 Section 1. The real property law is amended by adding a new section
 2 223-c to read as follows:
 3 § 223-c. Rights of tenants to display the flag of the United States in
 4 certain areas. 1. No landlord shall prohibit a tenant from engaging in
 5 the display of the flag of the United States if the flag is displayed in
 6 accordance with:
 7 a. the patriotic customs set forth in 4 U.S.C. 5-10, governing the
 8 display and use of the flag of the United States;
 9 b. federal law, state law, or any local ordinance or resolution; and
 10 c. does not infringe upon the space rented by any other tenant.
 11 2. As used in this section, "display of the flag of the United States"
 12 means a flag of the United States that is:
 13 a. made of cloth, fabric or paper;
 14 b. displayed from a pole or staff or in a window; and
 15 c. displayed in a manner that is consistent with 4 U.S.C. Chapter 1.
 16 3. A tenant who requests to display the flag of the United States at
 17 the rental property as provided in this section, shall contact the land-
 18 lord with reasonable notice before display to discuss the following:
 19 a. placement in compliance with any local zoning restrictions; and
 20 b. the appropriate size of the flag, which shall be consistent with
 21 the size and character of the dwelling unit.
 22 4. Nothing in this section exempts a tenant from a provision in a
 23 lease agreement that requires a tenant, at the termination of a lease,
 24 to return the premises in the same condition as they were in when the
 25 tenant took possession.
 26 5. The tenant is liable for damages caused by a United States flag
 27 displayed by a tenant.
 28 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07233-01-5

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