S1794-2011: Requires landlords to hold public forums with tenants
before permitting cell phone towers to be placed on residential
buildings; requires school to notify parents and school faculty
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Requires landlords to hold a public forum with tenants prior to
contracting with cell phone carriers to mount cell phone towers on
residential buildings; requires school districts to provide parents
and school faculty with written notification of cell phone towers
being mounted onto school facilities.
Sponsor: KLEIN / Co-sponsor(s): HASSELL-THOMPSON, KRUEGER / Committee:
JUDICIARY
Law Section: Real Property Law / Law: Add S238-a, RP L; add S414-a, Ed L
S1794-2011 Actions
Jan 12, 2011: REFERRED TO JUDICIARY
S1794-2011 Memo
BILL NUMBER:S1794
TITLE OF BILL:
An act
to amend the real property law, in relation to
requiring landlords to hold a public forum with tenants prior to
contracting with cell phone service carriers to mount cell phone towers
on residential buildings; and to amend the education law,
in relation to requiring school districts to
provide parents and school faculty with written notification of cell
phone towers being mounted onto school facilities
PURPOSE OR GENERAL IDEA OF BILL:
To provide prior notification to tenants in residential buildings when
cell phone service carriers approach their landlord with an offer to
build cell antennas on the roof or side of the building. The bill
also instructs school districts to notify parents and school faculty
of such negotiations, prior to the approval of a building permit.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the Real Property Law to add a new section 238-a. It
requires landlords to hold a public forum 45 days prior to entering
into a contract to mount a cellular phone tower on a residential
building structure.
A violation of this section results in a civil penalty of two-hundred
and fifty dollars for each day that passes after a building permit
has been approved and no forum has been conducted.
Section 2: Amends Education Law to add a new section 414-a. It defines
the terms “Facility”, and “Written Notification”. Requires schools to
provide written notification to the parent or guardian of a student
and to school faculty, staff and administrators 45 days before cell
phone towers, cell phone antennas, or base stations are placed or
mounted onto school facilities. A violation of this section results
in a civil penalty of five _ hundred dollars for each day that passes
after a building permit has been approved without proper notification.
JUSTIFICATION:
Tenants should have the right to know when a landlord has agreed to
place a cell tower on the roof or side of a residential building.
Cell phone service carriers compensate the landlord for placing
towers on their building, while tenants are left without a voice in
the process.
It is important that a tenant has the opportunity to express his/her
opinion when a cell tower is going to be placed where they live,
especially since the health effects from human exposure are not fully
known.
Under current Federal FCC regulations, states cannot regulate or
prevent the placement of cell towers on residential buildings based
upon allegations that the energy emitted causes environmental or
health effects.
However, complaints and requests for an environmental review can be
applied for within three months of the building permit’s approval. It
is only fair that tenants are made aware of the landlord’s
intentions, and give them ample time to file a complaint.
Schools are both institutions for learning and also a work place
environment for teachers and other faculty. Both parents and faculty
should be made aware of the school’s intentions to build cell towers,
and should be given time to voice their concerns.
PRIOR LEGISLATIVE HISTORY:
2009/2010 – S.4913 – Referred to Judiciary Committee
FISCAL IMPLICATIONS:
None. This bill could potentially raise revenue for the state through
the collection of fines.
EFFECTIVE DATE:
180 days after it shall have become law.
S1794-2011 Text
S T A T E O F N E W Y O R K
1794
2011-2012 Regular Sessions
I N SENATE
January 12, 2011
Introduced by Sens. KLEIN, HASSELL-THOMPSON, KRUEGER — 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 requiring land
lords to hold a public forum with tenants prior to contracting with
cell phone service carriers to mount cell phone towers on residential
buildings; and to amend the education law, in relation to requiring
school districts to provide parents and school faculty with written
notification of cell phone towers being mounted onto school facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
238-a to read as follows:
S 238-A. DUTY OF LANDLORD TO HOLD A PUBLIC FORUM PRIOR TO MOUNTING
CELLULAR PHONE TOWERS ONTO RESIDENTIAL BUILDING STRUCTURES. 1. THE
TERMS “CELLULAR PHONE TOWER”, “CELLULAR PHONE ANTENNA” AND “BASE
STATION” AS USED IN THIS SECTION SHALL MEAN A STRUCTURE CONSISTING OF
RADIOS, COMPUTERIZED SWITCHING EQUIPMENT AND ANTENNAS THAT RECEIVE AND
TRANSMIT RADIO FREQUENCY SIGNALS WHICH FACILITATE CELLULAR PHONE TRANS
MISSION AND RECEPTION. THE TERM “RESIDENTIAL BUILDING” AS USED IN THIS
SECTION SHALL MEAN A RESIDENTIAL BUILDING THAT HAS FOUR OR MORE DWELLING
UNITS OR APARTMENTS.
2. A LANDLORD SHALL BE REQUIRED TO HOLD A PUBLIC FORUM WITH HIS OR HER
TENANTS NOT LESS THAN FORTY-FIVE DAYS PRIOR TO CONTRACTING WITH A CELL
PHONE SERVICE CARRIER TO MOUNT OR ATTACH A CELL PHONE TOWER, CELL PHONE
ANTENNA OR BASE STATION ONTO THE RESIDENTIAL BUILDING STRUCTURE. EACH
SUCH LANDLORD SHALL PROVIDE WRITTEN NOTICE OF SUCH PUBLIC FORUM TO EACH
TENANT OF THE RESIDENTIAL BUILDING NOT LESS THAN TEN DAYS PRIOR TO THE
PUBLIC FORUM. THE NOTICE SHALL INCLUDE THE DATE, TIME, PLACE AND PURPOSE
OF SUCH FORUM. EVERY PUBLIC FORUM SHALL BE HELD AT A COMMON AREA WITH
THE RESIDENTIAL BUILDING TO WHICH IT RELATES. THE PUBLIC FORUMS REQUIRED
EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05417-01-1
S. 1794 2
BY THIS SECTION SHALL BE OPEN SOLELY TO THE LANDLORD AND HIS OR HER
AGENTS, AND THE TENANTS OF THE AFFECTED RESIDENTIAL BUILDING.
3. A LANDLORD WHO VIOLATES SUBDIVISION TWO OF THIS SECTION SHALL BE
SUBJECT, IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE PRESCRIBED BY
LAW, TO A CIVIL PENALTY OF TWO HUNDRED FIFTY DOLLARS FOR EACH DAY THAT
PASSES AFTER A BUILDING PERMIT HAS BEEN APPROVED TO BUILD A CELLULAR
PHONE TOWER, CELLULAR PHONE ANTENNA OR BASE STATION, TO BE MOUNTED OR
ATTACHED ONTO A RESIDENTIAL BUILDING STRUCTURE WITHOUT PROPER NOTIFICA
TION TO TENANTS.
S 2. The education law is amended by adding a new section 414-a to
read as follows:
S 414-A. NOTIFICATION ABOUT CELL PHONE TOWERS LOCATED ON SCHOOL FACIL
ITIES. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE MEANINGS SET FORTH BELOW: (A) “SCHOOL” SHALL MEAN ANY PUBLIC SCHOOL
DISTRICT, PRIVATE OR PAROCHIAL SCHOOL, OR BOARD OF COOPERATIVE EDUCA
TIONAL SERVICES.
(B) “FACILITY” MEANS ANY SCHOOL BUILDING USED FOR INSTRUCTIONAL
PURPOSES AND ITS SURROUNDING GROUNDS, SITES AND OTHER GROUNDS TO BE USED
FOR PLAYGROUNDS, ATHLETICS AND OTHER INSTRUCTIONAL PURPOSES, AND ANY
ADMINISTRATIVE OFFICES.
(C) “WRITTEN NOTIFICATION” SHALL MEAN NOTICE IN WRITING THAT IS:
PROVIDED DIRECTLY TO STUDENTS’ PARENTS OR GUARDIANS AND TO SCHOOL STAFF
MEMBERS; OR MAILED TO STUDENTS’ PARENTS OR GUARDIANS AND TO STAFF
MEMBERS’ LAST KNOWN ADDRESS; OR DELIVERED BY ANY OTHER REASONABLE METH
ODS AUTHORIZED BY THE CHANCELLOR, SCHOOL DISTRICT SUPERINTENDENT, PRIN
CIPAL OR HEADMASTER INCLUDING, BUT NOT LIMITED TO, INTERNET NOTIFICA
TION.
2. SCHOOLS SHALL PROVIDE WRITTEN NOTIFICATION TO THE PARENT OR GUARDI
AN OF A STUDENT AND TO SCHOOL FACULTY, STAFF AND ADMINISTRATORS NOT LESS
THAN FORTY-FIVE DAYS BEFORE CELL PHONE TOWERS, CELL PHONE ANTENNAS OR
BASE STATIONS ARE PLACED, MOUNTED OR ATTACHED ONTO SCHOOL FACILITIES.
3. ANY SCHOOL THAT VIOLATES SUBDIVISION TWO OF THIS SECTION SHALL BE
SUBJECT TO A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR EACH DAY THAT
PASSES AFTER A BUILDING PERMIT HAS BEEN APPROVED TO BUILD A CELLULAR
PHONE TOWER, CELLULAR PHONE ANTENNA OR BASE STATION, TO BE MOUNTED OR
ATTACHED ONTO A SCHOOL FACILITY WITHOUT PROPER NOTIFICATION TO THE
PARENT OR GUARDIAN OF A STUDENT OR TO SCHOOL FACULTY, STAFF AND ADMINIS
TRATORS.
S 3. Severability. If any provision of this act or the application
thereof to any person or circumstance is adjudged invalid by a court of
competent jurisdiction, such judgment shall not affect or impair any
other provisions or applications of this act which can be effected with
out the invalid provision or application, and to this end the provisions
of this act are severable.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
—
Michael Grubiak
Director of Constituent Services
Senator Jeffrey D. Klein
New York State Senator – 34th District
3612 East Tremont Avenue, Bronx NY 10465
(p)- 800-718-2039/ (f)- 718-822-2321(m)- (914) 246-0131
grubiakm@nysenate.gov
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