senate Bill S1800

Prohibits landlords from refusing to deal with certain people solely because those people were involved in prior summary proceedings

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Prohibits landlords from refusing to deal with certain people solely because those people were involved in prior summary proceedings.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1126
Versions:
S1800
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4463, A8605A
2009-2010: A4134

Sponsor Memo

BILL NUMBER:S1800

TITLE OF BILL:
An act to amend the executive law, in relation to a tenant blacklist

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit tenant blacklisting - the practice by which landlords deny
housing to potential tenants because the tenant has been involved in
landlord-tenant litigation.

SUMMARY OF SPECIFIC PROVISIONS:
Section 2-a(a-1) amends § 296 of the Executive Law to prohibit
discrimination in public housing against potential tenants who have
been, or are currently, involved in a landlord-tenant action or
summary proceeding, except where tenant has not complied with a court
order.

Section 3-b amends § 296 of the Executive Law to include
landlord-tenant actions on the list of prohibited discriminatory
behavior.

Section 5-a(1-a) amends § 296 of the Executive Law to prohibit
discrimination against potential tenants who have been, or are
currently, involved in a landlord-tenant action or summary proceeding,
except where tenant has not complied with a court order.

JUSTIFICATION:
When tenants are involved in any landlord-tenant action, whether to
assert their own legal rights or for other reasons, they thereafter
find themselves on a blacklist that keeps them from being able to
secure future housing.

The Metropolitan Council on Housing reports that the New York City
Housing Court hears 365,000 cases ever year. Because screening bureaus
report cases up to seven years old, tenant blacklisting affects almost
two million New Yorkers.

Tenant blacklisting becomes an increasingly critical issue when there
is a housing crisis. In New York City, a housing crisis occurs when
the vacancy rate for available housing units drops below 5%; the
vacancy rate in New York was 3.4% in 2008. In a crisis, affordable
housing becomes scarce and blacklisted tenants find it increasingly
difficult to secure such housing. Because of the combined effects of
tenant blacklisting and the housing crisis, tenants are often afraid
to assert legitimate legal claims for fear of being blacklisted by the
screening bureaus.

Tenant blacklisting occurs when a tenant screening bureau, including
the widely-used First Advantage Safe Rent ("FASR"), purchases
electronic data about landlord-tenant actions from the New York State
Office of Court Administration's ("OCA"). The bureaus then compile the
information into a list that they provide to landlords conducting
investigations about potential tenants. This practice is currently
legal because court records are considered public information. Any
tenant who has been involved in a landlord-tenant action can be named
on the screening bureau's list, regardless of who initiated the


action, the cause of the action, and the outcome. The bureaus issue
thousands of reports on potential tenants every day. These lists
become blacklists for those seeking housing in New York State.

This legislation would address tenant blacklisting by classifying it
as illegal discriminatory behavior. Tenant screening bureaus will be
prohibited from using Court records to form a tenant blacklist.
Tenants would no longer fear that asserting their legal right to due
process Would land them on a blacklist.

PRIOR LEGISLATIVE HISTORY:
2010: A.4134 Referred to Housing
2009: A.4134 Referred to Housing

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1800

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to a tenant blacklist

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of  section  296  of  the  executive  law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUBLESSEE, ASSIGNEE,  OR  MANAGING  AGENT  OF  PUBLICLY-ASSISTED
HOUSING ACCOMMODATIONS OR  OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR
POSSESSION  OF  OR  THE  RIGHT TO RENT OR LEASE   SUCH ACCOMMODATIONS TO
REFUSE TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM  ANY
PERSON  OR  GROUP  OF  PERSONS SUCH A HOUSING ACCOMMODATION ON THE BASIS
THAT SUCH PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST,  ONGOING  OR
CURRENT  LANDLORD-TENANT  ACTION  OR  SUMMARY  PROCEEDING EMANATING FROM
ARTICLE SEVEN OF THE REAL PROPERTY LAW, EXCEPT WHERE THE TENANT OR GROUP
OF TENANTS HAVE NOT SATISFIED THE ORDER.
  S 2. Subdivision 3-b of section 296 of the executive law,  as  amended
by chapter 106 of the laws of 2003, is amended to read as follows:
  3-b.  It  shall  be  an  unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent  thereof  or
any  other  individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the  composition
with respect to race, creed, color, national origin, sexual orientation,
military status, sex, disability, PAST, ONGOING OR CURRENT LANDLORD-TEN-
ANT  ACTION  OR  SUMMARY  PROCEEDING EMANATING FROM ARTICLE SEVEN OF THE
REAL PROPERTY LAW, marital status, or familial status of the  owners  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05193-01-3

S. 1800                             2

occupants  in the block, neighborhood or area in which the real property
is located, and to represent, directly or indirectly, that  this  change
will  or  may result in undesirable consequences in the block, neighbor-
hood  or  area  in which the real property is located, including but not
limited to the lowering of property values, an increase in  criminal  or
anti-social  behavior,  or  a decline in the quality of schools or other
facilities.
  S 3. Paragraph (a) of subdivision 5 of section 296  of  the  executive
law is amended by adding a new subparagraph 1-a to read as follows:
  (1-A)  IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUBLESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR ANY  OTHER  PERSON
HAVING  THE  RIGHT  TO  SELL,  RENT  OR  LEASE  A HOUSING ACCOMMODATION,
CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE  THEREOF,  TO
REFUSE  TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM ANY
PERSON OR GROUP OF PERSONS SUCH A HOUSING  ACCOMMODATION  ON  THE  BASIS
THAT  SUCH  PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST, ONGOING OR
CURRENT LANDLORD-TENANT ACTION  OR  SUMMARY  PROCEEDING  EMANATING  FROM
ARTICLE  SEVEN  OF  THE  REAL PROPERTY LAW,   EXCEPT WHERE THE TENANT OR
GROUP OF TENANTS HAVE NOT SATISFIED THE ORDER.
  S 4. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.