New York Carbon Monoxide Detector law to take effect Monday, February 22

On February 22, 2010, "Amanda's Law" will take effect. The law requires carbon monoxide detectors in every 1-2 family property; apartments in a multiple dwelling; and all condominium and cooperative apartments where the dwelling unit has appliances, devices or systems that may emit carbon monoxide or has an attached garage. Real estate licensees must be aware of the new law and advise clients and customers of the same.

I am all for this law, in fact I still do not understand why all New Construction buildings, residential, commercial or industrial are not required to have Sprinkler Systems, but that's another story. So how different "Amanda's Law" is from the Law that went into effect way back on March 6, 2003? Well that law pertained to any one or two family home that was put up for sale. In fact, that law specifically stated that there must be a "working"  Carbon Monoxide Detector in any house placed for sale. We, as Listing Agents were not supposed to place a house for sale if it did not have one. This law did apply to For Sale By Owners as well, but yet I still saw countless homes put on the market without one. I can not begin to tell you how many closings I attend where the seller simply handed my buyer a new in the box detector at the closing table. Even though this was in clear violation of the law, everyone just turned their heads as long as the buyer got one at closing.

Now I know many agents will still be confused over the verbage in the law.

"5-a. Standards for installation of carbon monoxide detectors requiring that every one or two-family dwelling, or any dwelling accommodation located in a building owned as a condominium or cooperative in the state  or  any multiple dwellings shall have installed an operable carbon monoxide detector of such manufacture, design and installation standards as are established by the council."

So I want to make it clear to everyone. If you own a home, condo, town home or apartment building, You need to read this law to be sure you are in compliance. Here is a quick Link to it: Amanda's Law   as the new law does not draw a line between homes for sale and homes not for sale as the old law did. This law applies to EVERY Homeowner in New York State.

Listing Agents, we have been well informed of the law and it is our duty to insure a home is in compliance prior to placing it up for sale. This is no different than how we are supposed to insure a home has all the proper C/O's, is not in foreclosure or subject to a tax lien sale and the person signing the listing contract is actually the owner of the property (that's also another blog). 

Now I would like to take this a step further. A Carbon Monoxide Detector costs around $40. Please take a moment this weekend to pick one up for each level of your home. The $40-$160 you spend CAN save you and your families life! I'll bet that you have spent more than that insuring your car or playing the lottery in the past year. While you are at it, pick up a smoke detector for each bedroom.

In our managed properties, we require the landlords to install a smoke detector in every bedroom, and a carbon monoxide detector / smoke alarm on each level. Some ask me why and I respond "So I can sleep at night". See, the fact is that even though all our managed properties are insured against fire, no amount of insurance can ever replace a loved one. 

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