Sprinkler System Notice Required for All Residential Leases
As of December 3, 2014, all residential leases are required to clearly state in bold letters whether the premise has an operative and maintained sprinkler system. This requirement applies to every residential lease including vacancy leases and renewal leases. If there is an operative and maintained sprinkler system, the lease must also state the last date of maintenance and inspection for the system.
On May 29, 2014, Bill Number A07641A was introduced in The New York State Assembly and on August 5, 2014, Governor Cuomo signed the Bill into law as Real Property Law §231-A. This law took effect 120 days from its signing.
Real Property Law § 231-A states that:
Real Property Law §231-A. Sprinkler System Notice in Residential Leases
- Every residential lease shall provide conspicuous notice in bold face type as to the existence of a maintained and operative sprinkler system in the leased premises.
- For purposes of this Section, “Sprinkler System” shall have the same meaning as defined in Section One Hundred Fifty-Five-A of the Executive Law **
- If there is a maintained and operative sprinkler system in the leased premises, the residential lease agreement shall provide further notice as to the last date of maintenance and inspection.
**New York Executive Law 155-A (5) defines “sprinkler system” as follows: “Sprinkler system” shall mean a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread.
As there is no penalty provision in the law, the effect of noncompliance will not be known until a violation occurs and is sued upon. However, this law was passed, in part, with lobbying pressure from individuals and groups that have sadly, lost family members in residential fires. Further, Governor Cuomo has stated that “We have witnessed far too much senseless tragedy caused by avoidable fires”. Therefore, compliance with the law should be treated as a concern of great importance as penalties for noncompliance could be influenced by public perception and political pressure. At a minimum, leases should contain the following language in bold letters that are easily visible:
The leased premises (choose one of the following) is / is not serviced by a maintained and operative sprinkler system that was last maintained on __/__/__ and was last inspected on __/__/__.
Please contact James G. Dibbini & Associates, P.C. for information regarding this law or with any other real estate questions and concerns.
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