What's happening
This bill requires landlords to obtain and provide proof of habitability after fire damage exceeding $1,000 before renting property.
Why it matters
Protects tenants from unsafe housing. by ensuring that any rental property with fire damage over $1,000 cannot be leased until it is proven habitable and free from building code violations, potentially reducing health and safety risks.
Requires clear documentation. landlords must provide tenants with either a new certificate of occupancy or an official inspection statement (depending on local practices), giving renters tangible proof that the property is safe post-fire.
Prevents landlords from bypassing safety rules. by making any agreement that waives these habitability requirements legally void, ensuring tenants cannot be pressured into accepting substandard living conditions.
Creates a standardized threshold. (fire damage over $1,000) for when these protections apply, offering clarity for both landlords and tenants about when additional scrutiny and documentation are required.
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Who cares
Headline styles
Fire-Damaged Rentals Need Inspection
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7878
IN SENATE
February 27, 2020
Introduced by Sen. MAY -- 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 issuance of certificates of occupancy for rental property damaged by fire
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 235-bbb to read as follows:
§ 235-bbb. Certificates of occupancy; fire damage. 1. Prior to executing a residential lease or rental agreement with a tenant, the owner of real property consisting of one or more rental units that has been damaged by fire shall:
(a) if the real property is located in a municipality that issues certificates of occupancy, obtain a certificate of occupancy from such municipality. Such certificate of occupancy shall only be issued if such real property is habitable and no building code violations are present. Such certificate of occupancy shall only be valid if it is dated subsequent to the date such property was damaged by fire; or
(b) if the real property is located in a municipality that does not issue certificates of occupancy, obtain a written statement of inspection from the building code enforcement officer of such municipality or an independent building inspector. Such statement of inspection shall only be issued if such real property is habitable and no building code violations are present. Such statement of inspection shall only be valid if it is dated subsequent to the date such property was damaged by fire.
2. Prior to executing a residential lease or rental agreement with a tenant, the owner of real property subject to subdivision one of this section shall provide an actual copy of the valid certificate of occupancy or statement of inspection required by such subdivision to such tenant.
3. Any agreement by an owner of real property or tenant of premises for dwelling purposes waiving or modifying his or her rights as set forth in this section shall be void as contrary to public policy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13984-02-9
S. 7878 2
4. For purposes of this section, real property shall be considered damaged by fire if the damage resulting from such fire exceeds one thousand dollars.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
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 issuance of certificates of occupancy for rental property damaged by fire
Purpose
To ensure that fire damaged rental properties are repaired and safe to live in before being placed back on the market.
Summary of provisions
Adds a new section 235-bbb to the real property law that requires owners of rental units damaged by fire shall obtain certificates of occupancy or written statements of inspection that shall only be issued if such real property is habitable and no building code violations are present. Requires that tenants be provided with an actual copy of the certificate or statement prior to the execution of a lease or rental agreement. Establishes that real property shall be considered damaged by fire if the damage resulting from such fire exceeds $1,000.
Justification
In late 2019, the Syracuse Post-Standard reported a story about the active rental of a fire-damaged property. Shortly after the tragic death of a young woman, an apartment was rented to a Syracuse family. The apartment was placed on the market with smoke stains still on the walls, a bathtub blackened by ash, and no smoke detectors. While this situation is rare in New York State, it is imperative that we ensure that fire- damaged properties be restored to habitable conditions before they are listed for rent again. This legislation will ensure that no families move into fire-damaged properties in this state.
Legislative history
New bill
Fiscal implications
None to the state.
Effective date
30 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.