S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4283
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the real property law and the labor law, in relation  to
   creating  a  private  right  of action for landlords and employers who
   suffer actual losses as a result of domestic violence

   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:
   § 238-A.  PRIVATE RIGHT OF ACTION FOR LANDLORDS  WHO  SUFFER  ECONOMIC
 LOSSES  AS  A  RESULT  OF  DOMESTIC VIOLENCE.   ANY LANDLORD WHO SUFFERS
 ECONOMIC LOSSES AS A RESULT OF DOMESTIC VIOLENCE SHALL  BE  ENTITLED  TO
 RECOVER DAMAGES FROM THE ABUSER.
   1.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC LOSSES" SHALL
 INCLUDE PHYSICAL DAMAGE TO THE RENTAL UNIT, DAMAGES RESULTING  FROM  THE
 BREACH OF A RENTAL CONTRACT WHERE THE TENANT VACATES THE RENTED PREMISES
 BECAUSE  OF  DOMESTIC  VIOLENCE,  AND  ANY OTHER DAMAGES TO THE LANDLORD
 CAUSED DIRECTLY OR INDIRECTLY BY THE ABUSER.
   2. FOR THE PURPOSES OF THIS SECTION THE TERM "ABUSER" SHALL  MEAN  THE
 PERSON WHO PERPETRATED SUCH DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   §  2. The labor law is amended by adding a new section 10-d to read as
 follows:
   § 10-D. PRIVATE RIGHT OF ACTION  FOR  EMPLOYERS  WHO  SUFFER  ECONOMIC
 LOSSES  AS  A  RESULT  OF  DOMESTIC VIOLENCE.   ANY EMPLOYER WHO SUFFERS
 ECONOMIC LOSSES AS A RESULT OF DOMESTIC VIOLENCE SHALL  BE  ENTITLED  TO
 RECOVER DAMAGES FROM THE ABUSER.
   1.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC LOSSES" SHALL
 INCLUDE EXPENSES INCURRED IN HIRING A  TEMPORARY  WORKER  TO  COVER  THE
 DUTIES  NORMALLY PERFORMED BY THE EMPLOYEE WHO IS OUT OF WORK BECAUSE OF
 DOMESTIC VIOLENCE OR INCIDENTS  STEMMING  FROM  DOMESTIC  VIOLENCE;  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09130-01-7

 A. 4283                             2
 
 REASONABLE  COST  OF  REPLACING  AN EMPLOYEE WHO RESIGNED AS A RESULT OF
 DOMESTIC VIOLENCE, ANY INCREASE IN UNEMPLOYMENT  COSTS  ATTRIBUTABLE  TO
 DOMESTIC  VIOLENCE  AND  ANY  OTHER DAMAGES RESULTING FROM SUCH DOMESTIC
 VIOLENCE.
   2.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ABUSER" SHALL MEAN THE
 PERSON WHO PERPETRATED SUCH DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   § 3. This act shall take effect immediately.