What's happening
This bill prohibits landlords in New York from banning tenants from displaying the U.S. flag, provided certain guidelines are followed.
Why it matters
Protects tenants' right to display the U.S. flag. as long as they follow federal, state, and local flag display laws, and do not interfere with other tenants' rented spaces, ensuring individual patriotic expression isn't arbitrarily suppressed by landlords.
Requires communication and compliance. tenants must give landlords reasonable notice before displaying a flag, discuss placement and flag size (which must fit the dwelling and local zoning rules), promoting cooperation and minimizing disputes.
Balances tenant rights with landlord and property interests. the bill clarifies that tenants are still responsible for any damage caused by flag displays and must return the property in its original condition at lease end, maintaining landlord protections.
Defines what counts as a flag display. specifies that only cloth, fabric, or paper flags displayed from a pole, staff, or window (and in accordance with federal flag codes) are protected, preventing misuse of the provision for unrelated displays.
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Who cares
Headline styles
Let Tenants Display U.S. Flags
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
173
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. HELMING, RITCHIE -- 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04923-01-9
S. 173 2
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.
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 proper- ty. 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 Prop- erty 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
2018: S.4539 passed Senate/A.7822 referred to Judiciary 2017: S.4539 passed Senate/A.7822 referred to Judiciary
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.