Int. No. 352

By Council Members Gerson, Addabbo, Baez, Barron, Clarke, Felder, Koppell, Liu, Lopez, Monserrate, Perkins, Reed, Sanders, Seabrook, Serrano, Stewart, Vann, Jackson, Quinn and Martinez

A Local Law to amend the administrative code of the city of New York, in relation to requiring protective devices for seniors and disabled persons who reside in multiple dwellings.

Be it enacted by the Council as follows:

                     Section 1.                     Chapter 1 of title 17 of the administrative code of the city of New York is hereby amended by adding a new section 17-125 to read as follows:

                     § 17-125                     Protective devices for senior citizens and disabled persons; notification to tenants.                       a.   It shall be the duty of the owner, lessee, agent or other person who manages or controls a multiple dwelling to:

1.   provide, install and maintain in a safe manner grab bars on the walls of shower and bathtub stalls in each residential unit when requested by a senior citizen or disabled tenant residing therein, or by a tenant residing therein with a senior citizen or disabled person;

2.    provide, install and maintain in a safe manner treads on the floors of showers and bathtub stalls in each residential unit when requested by a senior citizen or disabled tenant residing therein, or by a tenant residing therein with a senior citizen or disabled person; and

3.   cause to be delivered to each residential unit a notice advising occupants of the obligation of such owner, lessee agent or other person who manages or controls a multiple dwelling to install the protective devices referred to in paragraphs 1 and 2 of this subdivision at no cost to the tenants. Such notice must be provided on an annual basis in a form and manner approved by the department.

b.   The department shall promulgate such rules as it deems necessary to comply with the provisions of this section with regard to the annual notice to tenants, and the safety standards and maintenance of the protective devices required by this section.

c.  Any person who violates the provisions of this section, or the rules promulgated hereunder, shall be guilty of a misdemeanor punishable by a fine of up to five hundred dollars or imprisonment for up to six months or both.  In addition, any violation of this section shall constitute a civil violation subject to a penalty of not more than five hundred dollars per violation.  A civil violation subject to a penalty under this section shall be adjudicated before the administrative tribunal of the department.

d.   As used in this section, the following terms shall have the following meanings:

1.   “Senior citizen” shall mean a person who is at least sixty years of age.

2.  “Disabled person” shall mean an individual who provides documentation indicating that he or she is recognized by any city, state or federal authority or agency as having a disability which impedes vision or mobility, or who provides medical evidence indicating that he or she has a disability impeding vision or mobility which would entitle him or her to receive the protective devices referred to in paragraphs 1 and 2 of subdivision a of this section.

§2.                     This local law shall take effect ninety days after its enactment into law.

CAB

LS #1558

1/23/2003