Prohibits landlords from restricting the installation of appliances or fixtures by tenants; provides that the landlord is not compelled to change utilities for such installation; prohibits surcharge where tenant pays utilities directly to provider.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5694
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the real property law, in relation to the installation
of appliances or fixtures by tenants
PURPOSE:
This legislation provides the ability for tenants to install appliances
or fixtures that they have purchased.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the real property law by adding a new section 226-aa.
Section two establishes the effective date.
JUSTIFICATION:
When an appliance or a fixture breaks in an apartment, the tenant may be
left waiting months for it to be repaired or replaced. During this time,
a tenant may have to go without their refrigerator, stove or other
appliance, creating a difficult living situation. In some cases, a land-
lord may even avoid replacing an appliance or fixture with the hope that
the frustration will cause the tenant to vacate the unit. If a tenant is
willing to bear the expense of replacing an appliance or fixture in
their apartment, they should be permitted to do so. This legislation
would provide tenants this option, provided that the landlord is aware
and such installation would not be in violation of any applicable build-
ing codes.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5694
2023-2024 Regular Sessions
IN ASSEMBLY
March 22, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the real property law, in relation to the installation
of appliances or fixtures by tenants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 226-aa to read as follows:
3 § 226-aa. Installation of appliances or fixtures by tenant. 1. No
4 landlord shall restrict the installation of appliances or fixtures by a
5 residential tenant, so long as the appliances or fixtures are in compli-
6 ance with applicable building codes or other provisions of law and
7 further provided the residential tenant has sought in writing and
8 obtained written consent from the landlord for such installation. The
9 landlord shall respond in writing to a residential tenant's request for
10 such residential tenant to install appliances or fixtures within thirty
11 days of such request. Any denial of a residential tenant's request to
12 install appliances or fixtures shall include the specific reason for
13 such denial and reference the specific applicable building codes or
14 other provisions of law with which such installation is not in compli-
15 ance.
16 2. Nothing in this section shall require a landlord to alter the
17 unit's utilities for the installation of any appliances or fixtures by
18 the residential tenant.
19 3. The imposition of any surcharge for the installation or use of a
20 residential tenant-installed appliance or fixture is prohibited where
21 the residential tenant pays for the applicable utility service directly
22 to the provider.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09422-02-3
