Requires landlords to hold public forums with tenants before permitting cell phone towers to be placed on residential buildings; requires school to notify parents and school faculty

2 Co-sponsors

• Ruth Hassell-Thompson
• Liz Krueger

BILL NUMBER:S1794

Title of bill

An act to amend the real property law, in relation to requiring landlords to hold a public forum with tenants prior to contracting with cell phone service carriers to mount cell phone towers on residential buildings; and to amend the education law, in relation to requiring school districts to provide parents and school faculty with written notification of cell phone towers being mounted onto school facilities

Purpose or general idea of bill

To provide prior notification to tenants in residential buildings when cell phone service carriers approach their landlord with an offer to build cell antennas on the roof or side of the building. The bill also instructs school districts to notify parents and school faculty of such negotiations, prior to the approval of a building permit.

Summary of specific provisions

Section 1: Amends the Real Property Law to add a new section 238-a. It requires landlords to hold a public forum 45 days prior to entering into a contract to mount a cellular phone tower on a residential building structure. A violation of this section results in a civil penalty of two-hundred and fifty dollars for each day that passes after a building permit has been approved and no forum has been conducted.

Section 2: Amends Education Law to add a new section 414-a. It defines the terms "Facility", and "Written Notification". Requires schools to provide written notification to the parent or guardian of a student and to school faculty, staff and administrators 45 days before cell phone towers, cell phone antennas, or base stations are placed or mounted onto school facilities. A violation of this section results in a civil penalty of five _ hundred dollars for each day that passes after a building permit has been approved without proper notification.

Justification

Tenants should have the right to know when a landlord has agreed to place a cell tower on the roof or side of a residential building. Cell phone service carriers compensate the landlord for placing towers on their building, while tenants are left without a voice in the process.

It is important that a tenant has the opportunity to express his/her opinion when a cell tower is going to be placed where they live, especially since the health effects from human exposure are not fully known.

Under current Federal FCC regulations, states cannot regulate or prevent the placement of cell towers on residential buildings based upon allegations that the energy emitted causes environmental or health effects.

However, complaints and requests for an environmental review can be applied for within three months of the building permit's approval. It

is only fair that tenants are made aware of the landlord's intentions, and give them ample time to file a complaint.

Schools are both institutions for learning and also a work place environment for teachers and other faculty. Both parents and faculty should be made aware of the school's intentions to build cell towers, and should be given time to voice their concerns.

Prior legislative history

2009/2010 - S.4913 - Referred to Judiciary Committee

Fiscal implications

None. This bill could potentially raise revenue for the state through the collection of fines.

Effective date

180 days after it shall have become law.