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You are here: Home1 / News

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Aenean vulputate eleifend tellus. Aenean leo ligula, porttitor eu, consequat vitae, eleifend ac, enim.

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January 24, 2015
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Sprinkler System Notice Required for All Residential Leases

Uncategorized

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

  1. 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.
  2. 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 **
  3. 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.

 

Note: This James G. Dibbini & Associates, P.C. blog post is a publication of James G. Dibbini & Associates, P.C.  All Rights Reserved. Quotation with attribution is permitted. This blog post offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that James G. Dibbini & Associates, P.C. does not undertake to update its publications after their publication date to reflect subsequent developments.  Prior results do not guarantee a similar outcome.  This publication may contain attorney advertising. 

January 23, 2015
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Top Ten Tips for Landlords before and after renting an apartment.

Videos

So many times I see basic mistakes made by landlords that if avoided would prevent expensive litigation and lost rent. That is why I put together these top ten tips for landlords. Read more

January 21, 2015
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What is an unlawful, illegal or wrongful eviction?

Videos

While everyone would love for the relationship between a landlord and a tenant to be amicable, the unfortunate reality is that sometimes landlords must seek to evict tenants in order to maintain a safe and profitable property. Read more

January 21, 2015
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What is an order to show cause in a landlord tenant matter?

Videos

An order to show cause or sometimes referred to as an OSC is a motion made by a party (typically a tenant) to be heard by a Judge on a pending action. Usually the OSC is filed after a landlord obtains a judgment of eviction and a tenant is served with a notice of eviction or a 72 hour notice of eviction. Read more

January 21, 2015
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Due Diligence for multi family or other investment property purchases

Videos

Buying an investment property is undoubtedly one of the largest investments one can make. Thus, it is imperative that a buyer do his/her due diligence at the beginning of the transaction and usually before signing contracts. Due diligence, regardless of the type of property, is the investigation of the quality, both physical and intangible aspects of the property being conveyed. Read more

January 21, 2015
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What is a holdover proceeding?

Videos

A holdover proceeding is a proceeding to evict a tenant on any grounds other than the nonpayment of rent. Whether the case is Yonkers, Mt. Vernon, White Plains, New Rochelle or in the boroughs such as the Bronx or Manhattan, the process is similar. Read more

January 21, 2015
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Do you need a zoning variance for your property?

Videos

New York State’s Constitution grants the state legislature the broad authority to regulate land use if it is in the public interest. Although the state retains some authority, much of the power to plan communities and provide for and enforce zoning regulations has been delegated to local municipalities. Read more

January 21, 2015
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How long will it take to evict my tenant?

Videos

We understand the urgency of getting positive results asap. Timing of a landlord-tenant matter is largely impacted by whether the action brought is a:
a. Nonpayment Proceeding
(which is an action for rent owed) or Read more

January 21, 2015
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A nice entry

News

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Nulla consequat massa quis enim. Donec pede justo, fringilla vel, aliquet nec, vulputate eget, arcu. In enim justo, rhoncus ut, imperdiet a, venenatis vitae, justo. Nullam dictum felis eu pede mollis pretium. Integer tincidunt. Cras dapibus. Vivamus elementum semper nisi. Aenean vulputate eleifend tellus. Aenean leo ligula, porttitor eu, consequat vitae, eleifend ac, enim.

Read more

August 24, 2014
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Recent Posts

  • Urge your legislators to reject Good Cause Eviction!
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  • What is the first step in removing a tenant?
  • Do I have to honor the old lease the tenant signed with the former owner?
  • What do I do with a tenant that is always late with their rent?

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This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome. Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire, by phone at (914) 965-1011.

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