senate Bill S3330

Requires landlords to check state sex offender registry when leasing to a new tenant or on notice of sublet, and to notify tenants with children of certain listings

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Sponsor

Bill Status


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

  • 01 / Feb / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Requires landlords to check state sex offender registry when leasing to a new tenant, subtenant or adult occupant, and to notify tenants with children under age sixteen of any listing of such tenant, subtenant or adult occupant as a level three sex offender; exempts landlord from any civil or criminal liability for damages for any discretionary decision to release relevant information pursuant to this section or for failing to release such information, unless it is shown the landlord acted with gross negligence or in bad faith.

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Bill Details

Versions:
S3330
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Multiple Dwelling Law
Laws Affected:
Add ยง301-a, Mult Dwell L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2763
2009-2010: S5044
2007-2008: S2842

Sponsor Memo

BILL NUMBER:S3330

TITLE OF BILL: An act to amend the multiple dwelling law, in relation
to landlord checks of the state sex offender registry and notification
of certain tenants

PURPOSE OR GENERAL IDEA OF BILL: Requires landlords to check state
offender registry when leasing to a new tenant or on notice of sublet,
and to notify tenants with children of any listing.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The multiple dwelling law is amended by adding a new
section 301-a to read as follows. 1. Landlords of multiple dwellings
shall, within the first sixty days following: (a) execution of a lease
with a new tenant or (b) notice of occupancy by a third party in
interest to a leased unit, perform a check of such new tenant or
subtenant in the sex offender registry maintained by the division of
criminal justices.

2. If such new tenant or subtenant is listed in the registry, the
landlord shall provide written notification of such findings to
building tenants with children under the age of sixteen.

3. All leases offered to tenants in multiple dwellings shall contain
notice advising tenants of the requirements.

4. No landlord shall be subject to any civil or criminal liability for
damages for any discretionary decision to release relevant information
pursuant to this section or for failing to release relevant
information to this section, unless it is shown that such landlord
acted with gross negligence or in bad faith. Section 2. Sets the
effective date.

JUSTIFICATION: On May 8, 2001, 11-year-old Tamioua Gutierrez was
found raped and murdered in the hallway of her Bronx apartment
building. A 43-year-old neighbor was later charged with luring Tamiqua
into his apartment, sexually assaulting her while holding a pillow
over her face, and then dragging her unconscious body into the hallway
and leaving her to die from her injuries.

This legislation will help prevent future crimes against children like
Tamiqua by letting parents know when a known sexual predator moves
into their building. The close quarters and shared common areas of in
many apartment buildings often put children in closer contact with
their fellow apartment dwellers than with a traditional neighbor.
Despite this greater proximity, tenants do not ordinarily have access
to the pertinent information about their fellow tenants that would
enable then to check their identities against the sexual offender
registry. In large apartment buildings, where tenants change
frequently, keeping one's family safe can be even more difficult. This
legislation also gives tenants the tools they need to perform their
own checks of new and existing neighbors to better safeguard their
families against sexual predators.


Landlords, however, routinely collect personal information and perform
a variety of other background inquiries before entering into a lease
agreement with a prospective tenant. Requiring an additional check
with the sexual offender registry imposes a relatively small burden on
landlords but will make thousands of families safer in their own
homes.

PRIOR LEGISLATIVE HISTORY:; 2009-10: S.5044/A.3709 (Koon) - Referred
to Housing, Construction & Community Development 2007-08: A.1666
Referred to Housing/S.2842 Referred to Housing, Construction &
Community Development 2005-06: A.971/S.2241 (Hassel-Thompson) 2007-08:
A.1666/S.2842 (Hassel-Thompson) 2003-04: A.2630 (Klein)/S.4492
(Hassell-Thompson) 2001-02: A.9238 Referred to Housing

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law and shall apply to
leases or subleases entered into or after such date.

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

                                  3330

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Housing,
  Construction and Community Development

AN  ACT  to  amend  the  multiple  dwelling law, in relation to landlord
  checks of the state sex offender registry and notification of  certain
  tenants

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

  Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
section 301-a to read as follows:
  S  301-A. SEX OFFENDER REGISTRY CHECK. 1. LANDLORDS OF MULTIPLE DWELL-
INGS SHALL, WITHIN THE FIRST SIXTY DAYS FOLLOWING: (A)  EXECUTION  OF  A
LEASE  WITH A NEW TENANT, OR (B) NOTICE OF OCCUPANCY BY A THIRD PARTY OR
ADULT OCCUPANT IN INTEREST TO A LEASED UNIT, PERFORM A CHECK OF SUCH NEW
TENANT, SUBTENANT OR ADULT OCCUPANT IN THE SEX OFFENDER  REGISTRY  MAIN-
TAINED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION
ONE HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW. LANDLORD ACCESS TO  THE
REGISTRY  SHALL  BE THROUGH THE "900" TELEPHONE NUMBER MAINTAINED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES, AND ACCORDING TO THE REQUIREMENTS
FOR ACCESS AS SPECIFIED IN SECTION  ONE  HUNDRED  SIXTY-EIGHT-P  OF  THE
CORRECTION  LAW  OR THROUGH THE INTERNET SITE MAINTAINED BY THE DIVISION
OF CRIMINAL JUSTICE SERVICES.
  2. IF SUCH NEW TENANT, SUBTENANT OR ADULT OCCUPANT IS  LISTED  IN  THE
REGISTRY AS A LEVEL THREE SEX OFFENDER, THE LANDLORD SHALL PROVIDE WRIT-
TEN NOTIFICATION OF SUCH FINDING TO BUILDING TENANTS WITH CHILDREN UNDER
THE  AGE  OF  SIXTEEN  WHETHER THE CHILDREN PERMANENTLY RESIDE WITH SUCH
TENANT OR RESIDE FROM TIME TO TIME ON A TEMPORARY BASIS. IT SHALL BE THE
TENANT'S DUTY TO NOTIFY THE LANDLORD OF THE AGES OF SUCH TENANT'S  CHIL-
DREN.    A LANDLORD OF A MULTIPLE DWELLING SHALL PROVIDE A LIST OF NAMES
OF CURRENT TENANTS, SUBTENANTS  OR  ADULT  OCCUPANTS  OF  SUCH  MULTIPLE
DWELLING  TO  ANY TENANT IN SUCH MULTIPLE DWELLING, UPON REQUEST BY SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06461-01-3

S. 3330                             2

TENANT.  SUCH LIST SHALL NOT INCLUDE SPECIFIC APARTMENT NUMBERS OR ADDI-
TIONAL INFORMATION.
  3. ALL LEASES OFFERED TO TENANTS IN MULTIPLE DWELLINGS SHALL CONTAIN A
NOTICE,  CONSPICUOUSLY  SET  FORTH  THEREIN,  ADVISING  TENANTS  OF  THE
REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
  4. NO LANDLORD SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE  RELEVANT  INFORMATION
PURSUANT  TO THIS SECTION OR FOR FAILING TO RELEASE RELEVANT INFORMATION
PURSUANT TO THIS SECTION, UNLESS IT IS SHOWN THAT  SUCH  LANDLORD  ACTED
WITH GROSS NEGLIGENCE OR IN BAD FAITH.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law  and  shall apply to leases or subleases
entered into on or after such date.

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