Relates to the installation of radiator covers

Summary of specific provisions

Section 1. Section 235-b of the real property law is amended by inserting a new subdivision 2 and renumbering the current subdivisions accordingly.

§235-b(2)(a): If a child age twelve or younger resides within a tenant's dwelling, a landlord shall, at the written request of the tenant, be responsible for installing a radiator cover on any uncovered radiator that carries fluids at one hundred sixty-five degrees Fahrenheit or higher and is located in the tenant's dwelling. The. landlord shall have ninety days after receipt of such request to complete the installa- tion.

§235-b(2)(b): The failure of the landlord to install a radiator cover or covers within the ninety day period, following a written request by the tenant, shall be deemed a hazard to the occupants, age 12 or younger. In any case in which a tenant shall make a payment in order to install a requested radiator cover, following the failure of the landlord to install such cover in the appropriate time, the tenant may deduct the reasonable cost of such installation from the rent and shall not be liable for eviction on the grounds of that deduction.

Justification

On March 10, 2009, the New York State Appellate Division Court, Second Department, ruled in Utkan v Szuwala that landlords are not responsible for protecting children from properly operating radi- ators. In the case, the plaintiff; Ms. Utkan wanted to recover damages for personal injuries sustained by her infant after it was burned by an exposed radiator. Ms. Utkan contacted her landlord Ms. Szuwala about the infant's injuries and requested that she provide a radiator cover to prevent future incidents. Ms. Szuwala refused, and when the child was injured on an additional occasion, Ms. Utkan brought her case to court.

In the Appellate Division's order of dismissal, they cited Rivera v Nelson Realty, LLC (7 NY3d at 532), which states that Plaintiffs do not claim that the radiator that injured the infant plaintiff needed repair, or was defective in any way. Plaintiff's claim is that an uncovered radiator in good working order, though not a hazard in a home occupied only by adults, is dangerous to children. No duty to remedy this alleged hazard is imposed by the Multiple Dwelling Law or arises under common law by virtue of the lease. Accordingly, any duty to protect children from uncovered radiators remains that of the tenant, unless some other statute or regulation imposes it on the land lord. THE DECISION WHETHER RADIATOR COVERS MUST BE SUPPLIED BY LANDLORDS IS THUS LEFT TO LEGISLA- TORS AND REGULATORS, who are in the best position to balance the harm

prevented by this safety measure against its cost - a cost which, if imposed on landlords, becomes part of the overall cost of rental hous- ing."

Due to the Appellate Division's deferral to the State Legislature for clarification on this issue, I am introducing legislation to require landlords to install radiator covers, per written request, in units in which a child twelve years or younger resides. This action will decrease future injuries to children due to extremely hot radiators and clarify a landlord's responsibility for their safe operation.

Prior legislative history

New Bill

Fiscal implications

Undetermined

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.