Sprinkler System Notice Required for All Residential Leases

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.

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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.
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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.
Our office also provides legal services in the areas of:
 Commercial & Residential Real Estate Closings
 Civil Litigation
 Landlord & Tenant Law
 Bank Representation
 General Business Law
 DHCR Representation
 Wills and Estates
 Zoning.

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This James G. Dibbini & Associates, P.C. Newsletter is a publication of James G. Dibbini &
Associates, P.C. All Rights Reserved. Quotation with attribution is permitted. This newsletter
offers general information and should not be taken or used as legal advice for specific situa-
tions, 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 publica-
tion date to reflect subsequent developments. Prior results do not guarantee a similar out-
come. This publication may contain attorney advertising.

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