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For purposes of this subchapter, the following terms have the following meanings:
Electric space heater. The term "electric space heater" means any electric portable device designed for space heating.
Stock keeping unit. The term "stock keeping unit" means each group of items offered for sale of the same brand name, quantity of contents, retail price and variety.
(L.L. 2022/064, 6/1/2022, eff. 9/29/2022)
a. No person shall distribute, sell or offer for sale an electric space heater unless such electric space heater:
1. Is equipped with a thermostat and such thermostat is disclosed on packaging for such space heater;
2. Is equipped with an automatic function that disables such space heater upon overheating or tipping over and such automatic function is disclosed on packaging for such space heater;
3. Has been listed and labeled by a nationally recognized testing laboratory or other approved organization, as required by section 605.10.1 of the New York city fire code and such labeling is disclosed on packaging for such space heater.
b. Penalty. A person who violates subdivision a of this section or any rule promulgated thereunder is liable for a civil penalty as follows:
1. For the first violation, a civil penalty of zero dollars; and
2. For any subsequent violations issued for the same offense within a period of two years of the date of a first violation, a civil penalty of not more than one thousand dollars.
c. Each failure to comply with subdivision a of this section with respect to any one stock keeping unit constitutes a separate violation.
(L.L. 2022/064, 6/1/2022, eff. 9/29/2022)
Subchapter 15: Rental Real Estate Agreements
For purposes of this subchapter, the following terms have the following meanings:
Agent. The term “agent” means a person who is licensed as a real estate broker or real estate salesperson under section 440-a of the real property law and is acting in a fiduciary capacity.
Dual agent. The term “dual agent” means an agent who is acting as a tenant’s agent and a landlord’s agent with respect to an agreement regarding the same residential real property.
Engage. The term “engage” means to enter into an agreement that requires the payment of a fee by a person for the performance of services by another person.
Fee. The term “fee” means an amount of money that is charged by a person for the provision of services to one or more persons, including but not limited to a commission.
Landlord. The term “landlord” means the lessor in a residential real property agreement, and includes an owner who lists residential real property for lease with an agent, whether or not a lease results, or who receives an offer to rent residential real property, except for a cooperative housing corporation leasing residential real property to a dwelling unit owner or shareholder of such cooperative housing corporation.
Landlord’s agent. The term “landlord’s agent” means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, acts as a landlord’
Lease. The term “lease” means an agreement by which a landlord conveys residential real property for a specified term and for a specified rent.
Listing. The term “listing” means an advertisement or written notice conveying that a property is available for lease.
Listing agent. The term “listing agent” means a person who has entered into a listing agreement to act as an agent of the landlord for compensation.
Listing agreement. The term “listing agreement” means an agreement between an owner of residential real property and an agent, by which the agent has been authorized to lease the residential real property or to find or obtain a lessee therefor.
Residential real property. The term “residential real property” means a dwelling unit, as defined in paragraph 13 of subdivision a of section 27-2004, including a dwelling unit held in the condominium or cooperative forms of ownership.
Tenant. The term “tenant” means a lessee in an agreement to rent residential real property and includes a person who executes an offer to rent residential real property from a landlord through an agent, or who has engaged the services of an agent with the object of entering into a residential real property agreement as a lessee.
Tenant’s agent. The term “tenant’s agent” means an agent who agrees to locate residential real property for a tenant or who finds a tenant for a property and presents an offer to lease to the landlord or landlord’s agent and negotiates on behalf of the tenant.
(L.L. 2024/119, 12/13/2024, eff. 6/11/2025)
a. Except as expressly provided by subdivision 1 of section 238-a of the real property law:
1. a landlord’s agent shall not impose any fee on, or collect any fee from, a tenant related to the rental of residential real property; and
2. any agent who publishes a listing for a rental of residential real property with the permission or authorization of the landlord for such property shall not impose any fee on, or collect any fee from, a tenant related to the rental of such property.
b. A landlord is in violation of subdivision a of this section if:
1. a landlord’s agent of such landlord violates such subdivision; or
2. any agent who publishes a listing for a rental of residential real property with the permission or authorization of such landlord violates such subdivision.
c. No person shall condition the rental of residential real property on a tenant engaging any agent, including but not limited to a dual agent.
d. No person shall post a listing for the rental of residential real property that represents that fees must be paid in a manner that would violate this section.
e. There shall be a rebuttable presumption that an agent who publishes a listing for a rental of residential real property does so with the permission or authorization of the landlord of such property.
(L.L. 2024/119, 12/13/2024, eff. 6/11/2025)
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