What's happening
This bill allows tenants to display the U.S. flag at rental properties under certain conditions, while holding them liable for any damages.
Why it matters
Balances tenant expression and landlord property rights. by letting tenants display the U.S. flag, but requires them to notify landlords and follow local zoning and size guidelines, reducing potential for neighbor disputes or property damage.
Clarifies what is considered an acceptable flag display. (e.g., material, location, compliance with federal flag etiquette), limiting misuse and promoting respectful displays rather than blanket permission.
Preserves landlord protections. by maintaining lease requirements for property condition and explicitly making tenants liable for any damages caused by their flag display, discouraging negligent or inappropriate installations.
Provides a clear legal process. for tenants and landlords to discuss and resolve flag display details, which could reduce confusion, prevent litigation, and set expectations for both parties.
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Who cares
Headline styles
Let Tenants Fly US Flags
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.195
- Referred to judiciary
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 61–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.628
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Tenants Display U.S. Flag
In Assembly Committee · Judiciary · Sponsor Michael DenDekker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4539
2017-2018 Regular Sessions
IN SENATE
February 16, 2017
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 Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 223-c to read as follows:
§ 223-c. Rights of tenants to display the flag of the United States in certain areas. 1. No landlord shall prohibit a tenant from engaging in the display of the flag of the United States if the flag is displayed in accordance with:
a. the patriotic customs set forth in 4 U.S.C. 5-10, governing the display and use of the flag of the United States;
b. federal law, state law, or any local ordinance or resolution; and
c. does not infringe upon the space rented by any other tenant.
2. As used in this section, "display of the flag of the United States" means a flag of the United States that is:
a. made of cloth, fabric or paper;
b. displayed from a pole or staff or in a window; and
c. displayed in a manner that is consistent with 4 U.S.C. Chapter 1.
3. A tenant who requests to display the flag of the United States at the rental property as provided in this section, shall contact the landlord with reasonable notice before display to discuss the following:
a. placement in compliance with any local zoning restrictions; and
b. the appropriate size of the flag, which shall be consistent with the size and character of the dwelling unit.
4. Nothing in this section exempts a tenant from a provision in a lease agreement that requires a tenant, at the termination of a lease, to return the premises in the same condition as they were in when the tenant took possession.
5. The tenant is liable for damages caused by a United States flag displayed by a tenant.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD09822-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to the rights of tenants to display the flag of the United States
Purpose
To allow those who rent property to have the privilege to display the American flag.
Summary of provisions
Section 1 amends the Real Property Law by adding a new section 223-c.
Section 2 provides the effective date.
Justification
The Freedom to Display the American Flag Act of 2005 primarily provides protections for homeowners to display the American flag on their property. These same protections are often times not provided to those who rent property. Owners of rental properties even have the ability to ban such display by their tenants.
New York has created protections for condominium owners through the State's Condominium Act. Section 339-j of Article 9-B of the Real Property Law requires each condominium unit owner to strictly comply with the by-laws and adopted rules, but prohibits any action or proceeding for relief to be maintained due to the display of a United States flag that is not more than four by six feet. While New York has created these protections for condominium owners, it has not gone as far as some other states such as Ohio and Nevada to create protections for renters. This bill would follow the example of these states and provide for protections to tenants of rental property. Displaying the American flag is not only a way to show patriotism and to support the United States of America; it is a right.
Legislative history
New bill
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.