New York Senate Bill S03462 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3462 2025-2026 Regular Sessions  IN SENATE January 27, 2025 ___________ Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to the rights of tenants to display the flag of the United States The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property law is amended by adding a new section 2 223-c to read as follows: 3 § 223-c. Rights of tenants to display the flag of the United States in 4 certain areas. 1. No landlord shall prohibit a tenant from engaging in 5 the display of the flag of the United States if the flag is displayed in 6 accordance with: 7 a. the patriotic customs set forth in 4 U.S.C. 5-10, governing the 8 display and use of the flag of the United States; 9 b. federal law, state law, or any local ordinance or resolution; and 10 c. does not infringe upon the space rented by any other tenant. 11 2. As used in this section, "display of the flag of the United States" 12 means a flag of the United States that is: 13 a. made of cloth, fabric or paper; 14 b. displayed from a pole or staff or in a window; and 15 c. displayed in a manner that is consistent with 4 U.S.C. Chapter 1. 16 3. A tenant who requests to display the flag of the United States at 17 the rental property as provided in this section, shall contact the land- 18 lord with reasonable notice before display to discuss the following: 19 a. placement in compliance with any local zoning restrictions; and 20 b. the appropriate size of the flag, which shall be consistent with 21 the size and character of the dwelling unit. 22 4. Nothing in this section exempts a tenant from a provision in a 23 lease agreement that requires a tenant, at the termination of a lease, 24 to return the premises in the same condition as they were in when the 25 tenant took possession. 26 5. The tenant is liable for damages caused by a United States flag 27 displayed by a tenant. 28 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07233-01-5