NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A780
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the real property law, in relation to the installation
of radiator covers
PURPOSE:
This bill requires managers of residential buildings, if requested by a
tenant, to install radiator covers in units where a child twelve years
or younger resides.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Section 235-b of the real property law by inserting a
new subdivision 2 and renumbering the current subdivisions accordingly:
§ 235-b(2Xa): If a child age twelve or younger resides within a tenant's
dwelling, a landlord shall, at the written request of the tenant, be
responsible for installing a radiator cover on any uncovered radiator
that carries fluids at one hundred sixty-five degrees Fahrenheit or
higher and is located in the tenant's dwelling. The Landlord shall have
ninety days after receipt of such request to complete the installation.
§ 235-b(2)(b): The failure of the landlord to install a radiator cover
or covers within the ninety day period, following a written request by
the tenant, shall be deemed a hazard to the occupants, age 12 or young-
er. In any case in which a tenant shall make a payment in order to
install a requested radiator cover, following the failure of the land-
lord to install such cover in the appropriate time, the tenant may
deduct the reasonable cost of such installation from the rent and shall
not be liable for eviction on the grounds of that deduction.
Section two sets forth the effective date.
JUSTIFICATION:
On March 10, 2009, the New York State Appellate Division Court, Second
Department, ruled in Utkan v Szuwala that landlords are not responsible
for protecting children from properly operating radiators. In the case,
the plaintiff; Ms. Utkan wanted to recover damages for personal injuries
sustained by her infant after it was burned by an exposed radiator.
Ms.Utkan contacted her landlord Ms. Szuwala about the infant's injuries
and requested that she provide a radiator cover to prevent future inci-
dents. Ms. Szuwala refused, and when the child was injured on an addi-
tional occasion, Ms. Utkan brought her case to court.
In the Appellate Division's order of dismissal, they cited Rivera v
Nelson Realty, LLC (7 NY3d at 532), which states that Plaintiffs do not
claim that the radiator that injured the infant plaintiff needed repair,
or was defective in any way. Plaintiffs claim is that an uncovered radi-
ator in good working order, though not a hazard in a home occupied only
by adults, is dangerous to children. No duty to remedy this alleged
hazard is imposed by the Multiple Dwelling Law or arises under common
law by virtue of the lease. Accordingly, any duty to protect children
from uncovered radiators remains that of the tenant, unless some other
statute or regulation imposes it on the land lord. THE DECISION WHETHER
RADIATOR COVERS MUST BE SUPPLIED BY LANDLORDS IS THUS LEFT TO LEGISLA-
TORS AND REGULATORS, who are in the best position to balance the harm
prevented by this safety measure against its cost - a cost which, if
imposed on landlords, becomes part of the overall cost of rental hous-
ing."
Due to the Appellate Division's deferral to the State Legislature for
clarification on this issue, I am introducing legislation to require
landlords to install radiator covers, per written request, in units in
which a child twelve years or younger resides. This action will decrease
future injuries to children due to extremely hot radiators and clarify a
landlord's responsibility for their safe operation.
LEGISLATIVE HISTORY:
2021-22: A.1669 - Referred to Housing
2019-20: A.701 - Referred to Housing
2017-18: A.553 - Referred to Housing
2015-16: A.225 - Reported to Rules; S.795 - Referred to Judiciary
2013-14: A.749 - Passed Assembly; S.4243 - Referred to Judiciary
2011-12: A.3181 - Reported to Codes
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
780
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL, FAHY -- read once and referred to
the Committee on Housing
AN ACT to amend the real property law, in relation to the installation
of radiator covers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 235-b of the real property law, as added by chapter
2 597 of the laws of 1975, subdivision 3 as amended by chapter 403 of the
3 laws of 1983, paragraph (c) of subdivision 3 as added by chapter 116 of
4 the laws of 1997, is amended to read as follows:
5 § 235-b. Warranty of habitability. 1. In every written or oral lease
6 or rental agreement for residential premises the landlord or lessor
7 shall be deemed to covenant and warrant that the premises so leased or
8 rented and all areas used in connection therewith in common with other
9 tenants or residents are fit for human habitation and for the uses
10 reasonably intended by the parties and that the occupants of such prem-
11 ises shall not be subjected to any conditions which would be dangerous,
12 hazardous or detrimental to their life, health or safety. When any such
13 condition has been caused by the misconduct of the tenant or lessee or
14 persons under his direction or control, it shall not constitute a breach
15 of such covenants and warranties.
16 2. (a) If a child of age twelve or younger resides within a tenant's
17 dwelling a landlord shall, at the written request of the tenant, be
18 responsible for the installation of a radiator cover on any uncovered
19 radiator that: carries steam, water, or other fluids at temperatures
20 exceeding one hundred sixty-five degrees Fahrenheit; are not currently
21 covered in a manner that ensures that the temperature of the outer
22 surface does not exceed one hundred nine degrees Fahrenheit; and are
23 located in the tenant's dwelling. The landlord shall have ninety days
24 after receipt of such written request to complete the installation of a
25 radiator cover or covers.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00841-01-3
A. 780 2
1 (b) Any failure of the landlord to install a radiator cover, pursuant
2 to paragraph (a) of this subdivision, shall be deemed to subject the
3 occupants of the dwelling to conditions dangerous, hazardous, or detri-
4 mental to their life, health, or safety. In any case in which a tenant
5 shall make a payment in order to install a requested radiator cover or
6 covers, following the failure of the landlord to install such covers
7 within ninety days of receiving a written request pursuant to paragraph
8 (a) of this subdivision, the tenant may deduct from the rent the reason-
9 able cost for the installation and shall not be liable for eviction on
10 the ground of that deduction.
11 3. Any agreement by a lessee or tenant of a dwelling waiving or modi-
12 fying his rights as set forth in this section shall be void as contrary
13 to public policy.
14 [3] 4. In determining the amount of damages sustained by a tenant as
15 a result of a breach of the warranty set forth in the section, the
16 court[;]:
17 (a) need not require any expert testimony; [and]
18 (b) shall, to the extent the warranty is breached or cannot be cured
19 by reason of a strike or other labor dispute which is not caused prima-
20 rily by the individual landlord or lessor and such damages are attribut-
21 able to such strike, exclude recovery to such extent, except to the
22 extent of the net savings, if any, to the landlord or lessor by reason
23 of such strike or labor dispute allocable to the tenant's premises,
24 provided, however, that the landlord or [lesser] lessor has made a good
25 faith attempt, where practicable, to cure the breach[.]; and
26 (c) where the premises is subject to regulation pursuant to the local
27 emergency housing rent control law, the emergency tenant protection act
28 of nineteen seventy-four, the rent stabilization law of nineteen hundred
29 sixty-nine or the city rent and rehabilitation law, reduce the amount
30 awarded hereunder by the total amount of any rent reduction ordered by
31 the state division of housing and community renewal pursuant to such
32 laws or act, awarded to the tenant, from the effective date of such rent
33 reduction order, that relates to one or more matters for which relief is
34 awarded hereunder.
35 § 2. This act shall take effect on the ninetieth day after it shall
36 have become a law.
