BILL NUMBER: S2072
SPONSOR: MAY
 
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:
2021-2022 - S.628 (May) 2019-2020 - S.7878 (May)
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
30 days after becoming law.