Establishes an implied warranty that new homes shall be free from mold caused by defective workmanship for a period of ten years from the date of sale of the new home.
Summary
Bill A02302 proposes to amend the general business law in New York to establish an implied warranty for new homes, ensuring that they are free from mold caused by defective workmanship for a period of ten years from the date of sale. This warranty would complement existing warranties related to plumbing, electrical, heating, cooling, and ventilation systems, which are currently covered for two to six years depending on the type of defect. The addition of this warranty aims to protect homeowners from potential health hazards and financial burdens associated with mold remediation.
Impact
If enacted, this bill would significantly impact home builders and real estate transactions in New York. It would create a legal obligation for builders to ensure that new homes are constructed in a manner that prevents mold growth due to their workmanship. This could lead to increased construction costs as builders may need to implement more rigorous quality control measures and potentially raise home prices to cover these costs. Additionally, it would provide homeowners with legal recourse if mold issues arise within the warranty period, potentially reducing the burden on state resources related to housing disputes.
Sentiment
The general sentiment surrounding Bill A02302 appears to be supportive among consumer advocacy groups and potential homeowners, who see the value in increased protections against mold-related issues. However, some builders and real estate developers may express concerns regarding the potential for increased liability and costs associated with the new warranty, leading to a mixed reception in discussions.
Contention
Notable points of contention include the implications for builders regarding the increased liability for mold issues, which some argue could lead to higher housing costs and discourage new construction. Builders may advocate for a more balanced approach that considers the practical challenges of construction and the potential for mold to develop due to factors beyond workmanship. Consumer advocates, on the other hand, emphasize the importance of protecting homeowners from health risks associated with mold exposure, arguing that the benefits of such a warranty outweigh the concerns raised by builders.
Enacts "Killian's law"; establishes a timely repair for wheelchair program; extends the warranty period for wheelchairs to 2 years; deems all wheelchair repairs needed within 5 years of initial prescription medically necessary.
Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.
Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.
Provides that a warrant for eviction from a manufactured home park shall give fourteen days notice, if such person rents a manufactured home in a manufactured home park from a manufactured home park owner or operator.
Prohibits landlord from considering certain actions in tenant screening; clarifies that rent receivership action does not require rent deposit and may be based on implied warranty of habitability.
Establishes the homeowner protection program; provides that the department of law shall establish the homeowner protection program to ensure the availability of free housing counseling and legal services to homeowners for the purposes of mitigating threats to homeownership; provides that the department of law shall provide grants to eligible not-for-profit housing counseling organizations and legal services organizations to provide services under the program.