New York A 3214: Relates to the installation of radiator covers

Bill Text

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A03214 Summary:

BILL NOA03214 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §235-b, RP L

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Relates to the installation of radiator covers.

Go to top A03214 Actions:

BILL NOA03214 

&nbsp

01/23/2025referred to housing

01/07/2026referred to housing

Go to topA03214 Committee&nbspVotes:

Go to topA03214 Floor&nbspVotes:

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

Go to topA03214 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3214

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- 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:

 1 Section 1. Section 235-b of the real property law, as added by chapter
 2 597 of the laws of 1975, subdivision 3 as amended by chapter 403 of the
 3 laws of 1983, paragraph (c) of subdivision 3 as added by chapter 116 of
 4 the laws of 1997, is amended to read as follows:
 5 § 235-b. Warranty of habitability. 1. In every written or oral lease
 6 or rental agreement for residential premises the landlord or lessor
 7 shall be deemed to covenant and warrant that the premises so leased or
 8 rented and all areas used in connection therewith in common with other
 9 tenants or residents are fit for human habitation and for the uses
 10 reasonably intended by the parties and that the occupants of such prem-
 11 ises shall not be subjected to any conditions which would be dangerous,
 12 hazardous or detrimental to their life, health or safety. When any such
 13 condition has been caused by the misconduct of the tenant or lessee or
 14 persons under [his] such tenant's or lessee's direction or control, it
 15 shall not constitute a breach of such covenants and warranties.
 16 2. (a) If a child of age twelve or younger resides within a tenant's
 17 dwelling a landlord shall, at the written request of the tenant, be
 18 responsible for the installation of a radiator cover on any uncovered
 19 radiator that: carries steam, water, or other fluids at temperatures
 20 exceeding one hundred sixty-five degrees Fahrenheit; are not currently
 21 covered in a manner that ensures that the temperature of the outer
 22 surface does not exceed one hundred nine degrees Fahrenheit; and are
 23 located in the tenant's dwelling. The landlord shall have ninety days
 24 after receipt of such written request to complete the installation of a
 25 radiator cover or covers.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05277-01-5

 A. 3214 2

 1 (b) Any failure of the landlord to install a radiator cover, pursuant
 2 to paragraph (a) of this subdivision, shall be deemed to subject the
 3 occupants of the dwelling to conditions dangerous, hazardous, or detri-
 4 mental to their life, health, or safety. In any case in which a tenant
 5 shall make a payment in order to install a requested radiator cover or
 6 covers, following the failure of the landlord to install such covers
 7 within ninety days of receiving a written request pursuant to paragraph
 8 (a) of this subdivision, the tenant may deduct from the rent the reason-
 9 able cost for the installation and shall not be liable for eviction on
 10 the ground of that deduction.
 11 3. Any agreement by a lessee or tenant of a dwelling waiving or modi-
 12 fying [his] such lessee's or tenant's rights as set forth in this
 13 section shall be void as contrary to public policy.
 14 [3] 4. In determining the amount of damages sustained by a tenant as
 15 a result of a breach of the warranty set forth in the section, the
 16 court[;]:
 17 (a) need not require any expert testimony; [and]
 18 (b) shall, to the extent the warranty is breached or cannot be cured
 19 by reason of a strike or other labor dispute which is not caused prima-
 20 rily by the individual landlord or lessor and such damages are attribut-
 21 able to such strike, exclude recovery to such extent, except to the
 22 extent of the net savings, if any, to the landlord or lessor by reason
 23 of such strike o