BILL NUMBER:A9858

TITLE  OF BILL:   An act to amend the multiple dwelling law, in relation
to prohibiting the owner, agent or operator of a multiple dwelling  from
hiring as a building superintendent, managing agent, or resident manager
any  person who is registered as a level two or level three sex offender
in New York state, and to amend the real property law,  in  relation  to
providing  that  sexual  harassment  of  a tenant by any owner, agent or
operator of a multiple dwelling or any employee or  contractor  of  such
owner,  agent  or  operator  constitutes  a violation of the warranty of
habitability

PURPOSE OR GENERAL IDEA OF BILL: To forbid owners of multiple  dwellings
from hiring dangerous sex offenders as building superintendents or prop-
erty  managers;  to  permit  tenants  to refuse access to registered sex
offenders who may be employed by a building owner; and to  provide  that
sexual  harassment  of  a  tenant by any building owner or agent thereof
constitutes a violation of the warranty of habitability.

SUMMARY OF SPECIFIC PROVISIONS:  Section 1: Amends the multiple dwelling
law by adding a new section 309-b, to require that an owner or  operator
of  a  multiple  dwelling  shall  not hire as a building superintendent,
managing agent, or resident manager any person who is  registered  as  a
level  two  or level three sex offender in New York state; provides that
no tenant shall be required to give access to his or  her  apartment  to
any person who is a registered sex offender.
              

Section  2:  Amends the real property law by adding a new section 235-g,
to provide that it shall be unlawful and shall constitute a violation of
the warranty of habitability for any owner,  agent,  or  operator  of  a
multiple dwelling or any employee or contractor of such owner, agent, or
operator to subject any tenant of the building to sexual harassment.

JUSTIFICATION:  Current laws and regulations require tenants in New York
City  and  other jurisdictions to allow landlords access to their apart-
ments, subject to certain restrictions, and  permit  landlords  to  seek
eviction  of tenants who unreasonably refuse such access [HMC § 27-2008;
28 RCNY § 25-101; 9 NYCRR § 2524.3(e); NYCAC § 26-408(a)(6); 9  NYCRR
2204.2(a)(6)1.  Additionally, the multiple dwelling law requires tenants
who install their own locks to provide  landlords  with  duplicate  keys
upon request [Multiple Dwelling Law § 51-c].

In  practice, landlords may designate building superintendents, property
managers, contractors, or other individuals to enter tenants' apartments
for inspections or repairs, and/or to have possession of keys  to  resi-
dents'  apartments.  Tenants may have little or no information as to the
identity and background of the people to whom they are required to allow
access, and could be subject to eviction for "unreasonable"  refusal  to
provide  access  should they object to the entry of an owner's agent. in
these circumstances, tenants are vulnerable to the possibility that they
may be required to provide access to persons who are sex offenders.

New York and other  states  have  developed  sex  offender  registration
systems  in  order to provide the public and the police with information
about the location of individuals who have been convicted of rape, sexu-
al assault, and other sex offenses, as well as the risk that any partic-
ular  offender  might  re-offend. However, many tenants do not regularly
search the New York State  Sex  Offender  Database;  additionally,  some
contractors  or other agents employed by landlords may not appear in the
database as being in proximity to the buildings in which they are  doing
work.  What  is more, landlords may use the threat of eviction to compel
tenants to provide access even to persons who are known sex offenders.

For these reasons, it is important that  the  burden  of  ensuring  that
dangerous sex offenders are not employed so as to be able to gain access
to tenants' apartments be placed on the landlords who might employ them.
This  legislation  would  forbid landlords from employing as superinten-
dents, property managers, or other agents any level two or  level  three
registered  sex offenders. Additionally, it would permit tenants to deny
access to any registered sex offenders without fear of eviction or other
sanction.

While current law forbids  landlords  from  harassing  tenants,  whether
through  physical or verbal abuse, willful denial of services, or multi-
ple instances of frivolous litigation, it does not specifically  protect
tenants  from sexual harassment by landlords or their agents.  Unwelcome
sexual advances, requests for sexual favors, and other verbal  or  phys-
ical  conduct of a sexual nature can be used to victimize tenants and to
force them from their apartments. By defining  sexual  harassment  as  a
breach  of  the warranty of habitability, this legislation gives tenants
recourse against such behavior,  allowing  them  to  sue  landlords  who
commit or allow their agents to commit sexually harassing acts.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Act to take effect immediately.