dliu1/legal-llama-raw-text huggingface dataset:
7.  Any provision of a lease or rental agreement purporting to waive a
8. Nothing in this section  shall  be  construed  as  invalidating  or
impairing  the  operation  of,  or  the  right of a landlord to restrict
occupancy in  order  to  comply  with  federal,  state  or  local  laws,
regulations, ordinances or codes.
9. Any person aggrieved by a violation of this section may maintain an
action in any court of competent jurisdiction for:
(a) an injunction to enjoin and restrain such unlawful practice;
(b)  actual  damages  sustained as a result of such unlawful practice;
(c) court costs.
§  235-g.  Electronic  billing  andor  payment of rent. 1. A landlord
shall not require a lessee or tenant to use an electronic billing andor
payment system as the only method for the payment of  rent.  A  landlord
shall  not  assess  any  fee or other charge for a lessee or tenant that
chooses not to use an electronic billing andor payment system.
2. Any agreement by a lessee  or  tenant  of  a  dwelling  waiving  or
modifying  his  or her rights as set forth in this section shall be void
§  235-h.  Waiver  of right to bring a declaratory judgment action. No
commercial lease shall contain any provision waiving or prohibiting  the
right  of any tenant to bring a declaratory judgment action with respect
to any provision, term  or  condition  of  such  commercial  lease.  The
inclusion  of  any  such waiver provision in a commercial lease shall be
null and void as against public policy.
§  235-i.  Unreasonable  tenant  fees  for  reproductions  of  keys. A
landlord shall not charge a tenant a fee for the reproduction of keys to
a single dwelling greater than one hundred ten  percent  of  the  actual
cost  of  reproduction,  provided  such  limitation shall not apply if a
tenant requires the reproduction of keys for a single dwelling more than
three times in a calendar year.
§  236.  Assignment of lease of a deceased tenant. Notwithstanding any
contrary provision contained in any lease hereafter made  which  affects
premises  demised  for  residential  use,  or partly for residential and
partly for  professional  use,  the  executor,  administrator  or  legal
representative  of a deceased tenant under such a lease, may request the
landlord thereunder to consent to the assignment of such a lease, or  to
the  subletting  of  the premises demised thereby. Such request shall be
accompanied by the written consent thereto of any co-tenant or guarantor
of such lease and a statement of the name, business and  home  addresses
of the proposed assignee or sublessee. Within ten days after the mailing
of  such request, the landlord may ask the sender thereof for additional
information as will enable the landlord to  determine  if  rejection  of
such request shall be unreasonable. Within thirty days after the mailing
of  the request for consent, or of the additional information reasonably
asked for by the landlord, whichever is later, the landlord shall send a
notice to the sender thereof of his election to terminate said lease  or
to grant or refuse his consent. Landlord's failure to send such a notice
shall  be  deemed  to  be  a  consent  to  the  proposed  assignment  or
subletting. If the landlord consents, said  lease  may  be  assigned  in
accordance with the request provided a written agreement by the assignee
assuming  the performance of the tenant's obligations under the lease is
delivered to  the  landlord  in  form  reasonably  satisfactory  to  the
landlord,  or the premises may be sublet in accordance with the request,
as the case may be, but the estate of the deceased tenant, and any other
tenant thereunder, shall nevertheless remain liable for the  performance
of  tenant's  obligations  under  said lease. If the landlord terminates
said lease or unreasonably refuses his  consent,  said  lease  shall  be
deemed  terminated,  and the estate of the deceased tenant and any other
tenant thereunder shall be discharged from further liability  thereunder
as  of  the last day of the calendar month during which the landlord was
required hereunder to exercise his option. If  the  landlord  reasonably
refuses his consent, said lease shall continue in full force and effect,
subject to the right to make further requests for consent hereunder. Any
request,  notice  or  communication  required  or authorized to be given
hereunder shall be sent by registered or certified mail, return  receipt
requested.  This  act  shall  not  apply to a proprietary lease, viz.: a
lease to, or held by, a tenant entitled thereto by reason  of  ownership
of  stock  in a corporate owner of premises which operates the same on a
cooperative basis. Any waiver of any part of this section shall be  void
as against public policy.
§  237.  Discrimination in leases with respect to bearing of children.
Any person, firm or corporation owning or having in charge any apartment
house, tenement house or other building or mobile  home  park  used  for
dwelling  purposes  who  shall,  in any lease of any or part of any such
building or mobile home park,  have  a  clause  therein  providing  that
during  the term thereof the tenants shall remain childless or shall not
bear children, shall be guilty of a violation.
§  237-a.  Discrimination  against  children  in  dwelling  houses and
manufactured home parks. a. Any person, firm or  corporation  owning  or
having  in  charge any apartment house, tenement house or other building
or manufactured home park used for dwelling purposes who shall refuse to
rent any or part of any such building or manufactured home park  to  any
person  or  family,  or  who  discriminates in the terms, conditions, or
privileges of any such rental, solely on the ground that such person  or
family  has or have a child or children shall be guilty of a misdemeanor
and on conviction thereof shall be punished by a fine of not  less  than
fifty  nor  more  than  one  hundred dollars for each offense; provided,
however, the prohibition  against  discrimination  against  children  in
dwelling  houses  and  manufactured home parks contained in this section
shall not apply to:
(1)  housing  units  for  senior  citizens  subsidized,  insured,   or
guaranteed by the federal government; or
(2)  one  or two family owner occupied dwelling houses or manufactured
homes; or
(3) manufactured home parks intended and  operated  for  occupancy  by
persons fifty-five years of age or older. In determining whether housing
is  intended  and  operated for occupancy by persons fifty-five years of
age or older, Sec. 807(b)(2)(c)(42 U.S.C. 3607(b)(2)(c)) of the  federal
Fair Housing Act of 1988, as amended, shall apply.
b. Civil liability:
(1)  where  discriminatory  conduct  prohibited  by  this  section has
occurred, an aggrieved individual shall have a cause of  action  in  any
court   of   appropriate   jurisdiction  for  damages,  declaratory  and
injunctive relief;
(2) in all actions brought under this section,  reasonable  attorney's
fees  as  determined  by  the  court  may  be  awarded  to  a prevailing
Plaintiff.
§  238.  Agreements or contracts for privileges to deal with occupants
of tenements, apartment houses or  bungalow  colonies.  1.  A  contract,
agreement  or  arrangement  entered  into or executed by and between the
owner or prospective owner of an apartment house, tenement  or  what  is
commonly known as a bungalow colony connected with common or joint means
of  ingress  and  egress,  whether  such  apartment  house,  tenement or
bungalow colony is in existence or in process of construction or  to  be
constructed  in  the  future,  or  any  person in possession or claiming
possession of such apartment house, tenement or bungalow colony, or  any
part  thereof, including the common or joint means of ingress or egress,
or any of the  agents,  employees  or  servants  of  such  an  owner  or
possessors  thereof  and  a dealer in or seller of fuel, ice or food, or
his agents, employees or representatives for the purpose  of  giving  to
such  dealer  or seller the privilege of selling or delivering fuel, ice
or food, to the persons occupying or to  occupy  such  apartment  house,
tenement  or  bungalow  colony,  or  any part thereof, is against public
policy and void.
2. Any person who shall, directly or indirectly, either as  the  owner
or  prospective  owner  of  such  apartment  house, tenement or bungalow
colony, or any part thereof, including the  common  or  joint  means  of
ingress or egress, or as an agent, employee or servant of such an owner,
or  any  person  in  possession or claiming possession of such apartment
house, tenement or bungalow colony, or any part thereof,  including  the
common  or  joint means of ingress or egress, accept any money, property
or thing of value for permitting or giving to any person, or his agents,
employees or representatives, the privilege  of  selling  or  delivering
fuel,  ice or food, to the persons occupying or to occupy such apartment
house, tenement or bungalow colony, or any part thereof, and any  person
who  shall, directly or indirectly, either as a seller of, or dealer in,
fuel, ice or food, as an agent,  employee,  or  representative  of  such
seller or dealer, pay or give any money, property or thing of value, for
such  privilege  shall  be  guilty of a misdemeanor. If a corporation is
convicted of a violation of this section, it shall be punished by a fine
of not less than fifty nor more than one thousand dollars.
3. A person occupying an apartment house, tenement or bungalow colony,
or any part thereof, to whom  fuel,  ice  or  food,  shall  be  sold  or
delivered  by  a  seller  or  dealer  who  has  paid or given any money,
property or thing of value for the privilege of  selling  or  delivering
house, tenement or bungalow colony, or any part thereof, may recover  of
such  seller  or  dealer  for  his  benefit a penalty, in the sum of two
hundred and fifty dollars, in a civil  action  brought  in  a  court  of
competent jurisdiction.
§  238-a.  Limitation  on  fees. In relation to a residential dwelling
unit:
1. (a) Except in instances where statutes or regulations provide for a
payment, fee or charge, no landlord, lessor, sub-lessor or  grantor  may
demand  any  payment,  fee,  or  charge  for  the  processing, review or
acceptance of an application, or demand any other payment, fee or charge
before or at the beginning of the tenancy, except background checks  and
credit checks as provided by paragraph (b) of this subdivision, provided
that  this  subdivision  shall  not  apply  to  entrance fees charged by
continuing care retirement  communities  licensed  pursuant  to  article
forty-six  or  forty-six-A  of  the  public  health law, assisted living
providers licensed pursuant to article forty-six-B of the public  health
law,  adult  care  facilities  licensed pursuant to article seven of the
social services law, senior residential communities that have  submitted
an  offering plan to the attorney general, or not-for-profit independent
retirement  communities  that   offer   personal   emergency   response,
housekeeping,  transportation  and  meals to their residents. Nothing in
this paragraph shall prohibit a cooperative housing  corporation,  other
than  a  cooperative  housing  corporation  subject to the provisions of
article two, article four, article five or article eleven of the private
housing finance law,  from  demanding  from  a  prospective  tenant  any
payment, fee or charge which is necessary to compensate a managing agent
andor  transfer  agent for the processing, review or acceptance of such
prospective tenant's application where  such  prospective  tenant  would
become  a dwelling unit owner or shareholder of such cooperative housing
corporation.
(b) A landlord, lessor, sub-lessor or grantor may charge a fee or fees
to reimburse costs associated with conducting  a  background  check  and
credit  check, provided the cumulative fee or fees for such checks is no
more than the actual cost of the background check and  credit  check  or
twenty  dollars, whichever is less, and the landlord, lessor, sub-lessor
or grantor shall waive the fee or fees if the potential tenant  provides
a  copy  of a background check or credit check conducted within the past
thirty days. The landlord, lessor, sub-lessor or grantor may not collect
the fee or fees unless  the  landlord,  lessor,  sub-lessor  or  grantor
provides  the  potential  tenant  with a copy of the background check or
credit check and the receipt or invoice from the entity  conducting  the
background check or credit check. Notwithstanding the provisions of this
paragraph,  a  cooperative  housing  corporation  shall  be permitted to
charge a fee or fees to reimburse costs  associated  with  conducting  a
background check and credit check in excess of twenty dollars, where the
potential  tenant  would  become a dwelling unit owner or shareholder of
such cooperative housing corporation, provided  the  cumulative  fee  or
fees  for such checks is no more than the actual cost of such background
check andor credit check. Further, with regard to a cooperative housing
corporation subject to the provisions  of  article  two,  article  four,
article  five  or article eleven of the private housing finance law, all
such fees must be reasonable and approved by the agency supervising such
cooperative housing corporation.
2. No landlord, lessor, sub-lessor or grantor may demand any  payment,
fee,  or  charge for the late payment of rent unless the payment of rent
has not been made within five days of the date  it  was  due,  and  such
payment,  fee,  or charge shall not exceed fifty dollars or five percent
of the monthly rent, whichever is less; provided a  cooperative  housing
corporation, other than a cooperative housing corporation subject to the
provisions  of article two, article four, article five or article eleven
of the private housing finance law,  shall  be  permitted  to  charge  a
tenant  that is a dwelling unit owner or shareholder of such cooperative
housing corporation a  fee  of  up  to  eight  percent  of  the  monthly
maintenance  fee  for the late payment of the monthly maintenance fee if
the proprietary lease or occupancy agreement provides for such fee.
3.  Any  provision  of  a  lease  or  contract waiving or limiting the
provisions of this section shall be void as against public policy.
ARTICLE 7A
PORTABLE KEROSENE HEATERS
Section 239.   Legislative findings.
239-a. Definitions.
239-b. Only  approved  portable  kerosene  heaters  permitted in
structures.
239-c. Approval by the secretary of state.
239-d. Sale of unapproved portable kerosene heaters.
239-e. Portable  kerosene   heaters   prohibited   in   multiple
239-f. Penalties for violation.
239-g. Application of article.
§  239.  Legislative  findings.  The  legislature  recognizes that the
ever-increasing cost of home heating has resulted in widespread consumer
interest in the use of portable kerosene heaters.  Because  there  is  a
wide  variety  of  kerosene  heaters,  including  different  designs and
intended purposes, the public interest requires that those heaters which
are  used  in  residential  structures  meet  certain  safety  standards
designed  to  insure  that  they  are  reasonably safe for that purpose.
Accordingly, it is the intent of this article to protect the  public  by
establishing  standards  which  will  permit  the use of reasonably safe
heaters in residential structures.
§  239-a.  Definitions.  As  used  in this article the following terms
shall mean and include:
1. Structure. Any building or completed  construction  of  any  kind
including but not limited to, private dwellings or to any structure used
for  business,  commercial  or  industrial  purposes,  but not including
multiple dwellings, buildings  under  construction,  or  buildings  used
solely for agricultural purposes.
2.  Multiple  dwelling.  A  multiple dwelling is a dwelling which is
either rented, leased, let or hired out to be occupied or is occupied as
the residence or home of three or more families living independently  of
each  other  and  shall include, dwelling portions of hospitals, nursing
homes, convents, monasteries, asylums and public institutions.
3. Owner. The owner of the freehold of any real property (as defined
in section two of the real property law), or of a lesser estate therein,
a mortgagee or  vendee  in  possession,  assignee  of  rents,  receiver,
executor,   trustee,  lessee,  agent,  or  any  other  person,  firm  or
corporation, directly or indirectly in control of real property.
4. Person. The term person shall include  the  owner,  mortgagee  or
vendee  in  possession,  assignee of rents, receiver, executor, trustee,
lessee, agent or any other person,  firm  or  corporation,  directly  or
indirectly in control of a structure or part thereof.
5.  Listed. Any portable kerosene heater which has been tested by an
independent,  nationally  recognized  testing  or   inspection   agency,
acceptable  to  the  secretary of state and which has been determined to
meet a generally accepted standard for such heaters. Such  determination
shall  be  evidenced  by  either  the  inclusion of the heater on a list
published by such agency or by the heater bearing the  listing  mark  of
such agency.
6. Portable kerosene heater. Any non-flue connected, self-contained,
self-supporting,  kerosene-fueled  heating  appliance  equipped  with an
integral reservoir, designed to be carried from one location to another.
7. Approved portable kerosene heater. Any listed  portable  kerosene
heater which:
(a) has a fuel capacity of not more than two gallons;
(b)  emits  no  more  than  .04 percent carbon monoxide in an air free
sample of flue gases at maximum heat output and no more than .08 percent
at recommended low-fire setting;
(c) has a minimum tipping angle of no more than  thirty-three  degrees
from the vertical with a full fuel reservoir;
(d)  has an automatic shutoff safety device or inherent design feature
which extinguishes the heating flame upon tipover in not more  than  ten
seconds;
(e) includes as standard equipment a pump or siphon for refueling;
(f)  is  packaged  with  instructions advising the purchaser of proper
maintenance and operation;
(g) bears labeling, in conspicuous letters, cautioning  and  informing
the purchaser as to:
(i)  the need for an adequate source of ventilation when the heater is
in operation;
(ii) the use of only suitable fuel for the heater;
(iii) proper manner of refueling;
(iv) proper placement and handling of the heater  when  in  operation;
(v) proper procedures for lighting, flame regulation and extinguishing
the heater;
(h)  after  April  first,  nineteen  hundred  eighty-two,  meets  such
additional standards, if any, as may be contained  in  reasonable  rules
and  regulations  adopted  by the secretary of state pursuant to section
two hundred thirty-nine-c of this article.
§   239-b.  Only  approved  portable  kerosene  heaters  permitted  in
structures. Portable kerosene heaters which do not meet the requirements
of subdivision seven  of  section  two  hundred  thirty-nine-a  of  this
article  are  prohibited  in  structures.  It  shall be unlawful for any
person (1) to use  any  portable  kerosene  heater  except  an  approved
portable kerosene heater in any portion of a structure, or (2) being the
owner  of such structure, to provide or place or cause to be provided or
placed in any portion of  a  structure,  any  portable  kerosene  heater
except  an  approved portable kerosene heater for use by any occupant of
such structure.
§  239-c.  Approval  by  the  secretary  of  state. After April first,
nineteen hundred  eighty-two,  no  portable  kerosene  heater  shall  be
offered for sale in this state for use in a structure unless it has been
approved  by  the  secretary  of  state  or his designee. In determining
whether to approve a portable kerosene heater for sale, the secretary of
state shall consider whether the heater  meets  (1)  the  standards  set
forth  in subdivision seven of section two hundred thirty-nine-a of this
article, and (2) any additional standards which the secretary  of  state
reasonably  believes  are  required  to  effectuate the purposes of this
article as set forth in section two hundred thirty-nine of this article.
The secretary of state may promulgate reasonable rules  and  regulations
setting  forth  the procedure by which portable kerosene heaters will be
reviewed for approval.
§  239-d. Sale of unapproved portable kerosene heaters. All unapproved
portable kerosene heaters offered for sale  in  this  state  shall  have
printed  thereon  or  attached  thereto and on the package in which such
heater is sold the following statement: This heater is not approved for
residential or commercial use. There shall also be printed  thereon  or
attached  thereto  and  on the package in which such heater is sold such
other information as may be required by the secretary of state.
§  239-e.  Portable kerosene heaters prohibited in multiple dwellings.
It shall be unlawful to use any portable kerosene heater in  a  multiple
Dwelling.
§  239-f.  Penalties  for  violation. Any person who shall violate any
provision of this article shall be guilty of a  misdemeanor,  punishable
for  each  offense  by  a  fine  not exceeding one hundred dollars or by
imprisonment for a period of not more than ninety days.
§  239-g.  Application  of  article.  1.  This  article  shall  not be
applicable to any city having a population in  excess  of  five  hundred
thousand.
2.  Nothing  in  this article shall be construed to permit the sale or
use of any portable kerosene heater in any municipality  in  which  such
use or sale is restricted or prohibited by any general, special or local
law or rule or regulation.
ARTICLE 8
CONVEYANCES AND MORTGAGES
Section 240.   Definitions and use of terms.
240-b. Certain conveyances authorized; effect thereof.
240-c. Joint tenancy severance.
241.   Ancient conveyances abolished.
242.   Disclosure prior to the sale of real property.
243.   Grant of fee or freehold.
244.   When grant takes effect.
245.   Estate which passes by grant or devise.
246.   Certain deeds declared grants.
247.   Conveyance  by tenant for life or years of greater estate
than possessed.
248.   Effect of conveyance where property is leased.
249.   Convenants in mortgages.
251.   Convenants not implied.
252.   Lineal and collateral warranties abolished.
253.   Construction  of  convenants  in   grants   of   freehold
254.   Construction  of  clauses and convenants in mortgages and
bonds or notes.
254-a. Right of election of mortgagee in certain cases.
254-b. Limitation on late charges.
254-c. Right to a copy of real property appraisals and  consumer
reports in certain cases.
254-d  Fees  by  mortgagee  for  direct payment of real property
taxes by mortgagor prohibited.
255.   Construction of grant of appurtenances  and  of  all  the
rights and estate of grantor.
256.   Construction  of grant in executor's or trustee's deed of
appurtenances,  and  of  the  estate  of  testator  and
grantor.
257.   Convenants  bind representatives of grantor and mortgagor
and inure to the benefit of whom.
258.   Short forms of deeds and mortgages.
259-c. Provision in lease of real property for waiver  of  trial
by  jury  in  actions  for  personal injury or property
260.   Lands adversely held may be conveyed or mortgaged.
261.   Maintenance of telegraph or other electric  wires  raises
no presumption of grant.
265.   Fraudulent intent, question of fact.
265-a. Home equity theft prevention.
265-b. Distressed property consulting contracts.
266.   Rights   of   purchaser   or  incumbrancer  for  valuable
consideration protected.
267.   Conveyances with power to revoke, determine or alter.
268.   Disaffirmance of fraudulent act by executor and others.
269.   When remainderman may pay interest owed by life tenant.
270.   Powers of courts of equity not abridged.
271.   Construction of convenants in mortgages on leases of real
property and bonds or notes.
272.   Construction of grant of appurtenances, and  all  of  the
rights and estate of the mortgagor.
273.   What form of mortgage on lease of real property.
274.   Transfers   and   mortgages  of  interest  in  decedents'
274-a. Certificate of principal amount unpaid  on  mortgages  of
real property.