NY State Assembly Bill 2009-A3243

Assembly Bill A3243

2009-2010 Legislative Session

Establishes it shall be unlawful for a person to have an application to rent or lease a residence denied due to prior housing court proceedings

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	print number 3243a
Jun 15, 2010	amend and recommit to judiciary
Jan 06, 2010	referred to judiciary
Jan 23, 2009	referred to judiciary

Bill Amendments

Original

A (Active)

2009-A3243 - Details

Current Committee:: Assembly Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §235-g, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4203
2013-2014: A3691

2009-A3243 - Summary

Establishes it shall be unlawful for a person to have his or her application to rent or lease a residence to be denied due to a previous housing court proceeding; allows a person aggrieved to maintain a civil action.

2009-A3243 - Bill Text download pdf

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

                                  3243

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M.  of A. O'DONNELL, V. LOPEZ, KELLNER, ALFANO -- Multi-
  Sponsored by -- M. of A.  BARRA, CLARK, GLICK, N. RIVERA -- read  once
  and referred to the Committee on Judiciary

AN  ACT  to  amend  the  real  property  law, in relation to prohibiting
  certain prior housing court proceedings from being considered by land-
  lords in the lease of property for residential purposes

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

  Section  1. Legislative intent. The legislature hereby finds that some
landlords refuse to offer available units  because  prospective  tenants
have  previously  been  party  to  a  judicial proceeding arising from a
dispute between themselves and their landlord. The legislature  believes
that  a tenant's prior appearance in a judicial proceeding is not worthy
of consideration when a landlord is  reviewing  a  prospective  tenant's
application.  Unless a prospective tenant has previously been a respond-
ent in an action to recover real property or  a  summary  proceeding  to
recover  possession  of real property in which a judge ruled in favor of
the petitioner, and the tenant/respondent  had  a  warrant  of  eviction
issued  against  him or her, and such a warrant was not the product of a
voluntary agreement by consent decree or another form  entered  into  by
the tenant, then it shall be unlawful for a landlord to refuse occupancy
to  said tenant based solely on that tenant's appearance in the proceed-
ing.
  S 2. The real property law is amended by adding a new section 235-g to
read as follows:
  S 235-G. UNLAWFUL REFUSAL TO RENT TO A PROSPECTIVE TENANT. 1. AS  USED
IN THIS SECTION, THE TERMS:
  (A)  "HOUSING  ACCOMMODATION"  INCLUDES  ANY  BUILDING,  STRUCTURE, OR
PORTION THEREOF WHICH IS USED OR OCCUPIED OR IS  INTENDED,  ARRANGED  OR
DESIGNED  TO  BE  USED  OR  OCCUPIED, AS THE HOME, RESIDENCE OR SLEEPING
PLACE OF ONE OR MORE HUMAN BEINGS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00048-01-9

A. 3243                             2

  (B) "MULTIPLE DWELLING" MEANS A DWELLING WHICH IS OCCUPIED, AS A RULE,
FOR PERMANENT RESIDENCE PURPOSES  AND  WHICH  IS  EITHER  SOLD,  RENTED,
LEASED,  LET  OR  HIRED  OUT, TO BE OCCUPIED AS THE RESIDENCE OR HOME OF
THREE OR MORE FAMILIES LIVING INDEPENDENTLY OF EACH OTHER.  A  "MULTIPLE
DWELLING" SHALL NOT BE DEEMED TO INCLUDE A HOSPITAL, CONVENT, MONASTERY,
ASYLUM  OR  PUBLIC  INSTITUTION, OR A FIREPROOF BUILDING USED WHOLLY FOR
COMMERCIAL PURPOSES EXCEPT FOR NOT MORE THAN ONE JANITOR'S APARTMENT AND
NOT MORE THAN ONE PENTHOUSE OCCUPIED BY NOT MORE THAN TWO FAMILIES.  THE
TERM  "FAMILY", AS USED IN THIS PARAGRAPH, MEANS EITHER A PERSON OCCUPY-
ING A DWELLING AND MAINTAINING A HOUSEHOLD,  WITH  NOT  MORE  THAN  FOUR
BOARDERS,  ROOMERS OR LODGERS, OR TWO OR MORE PERSONS OCCUPYING A DWELL-
ING, LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD, WITH  NOT  MORE
THAN  FOUR BOARDERS, ROOMERS OR LODGERS. A "BOARDER", "ROOMER" OR "LODG-
ER" RESIDING WITH A FAMILY MEANS A PERSON LIVING  WITHIN  THE  HOUSEHOLD
WHO  PAYS  A  CONSIDERATION  FOR SUCH RESIDENCE AND DOES NOT OCCUPY SUCH
SPACE WITHIN THE HOUSEHOLD AS AN INCIDENT OF EMPLOYMENT THEREIN.
  2. IT SHALL BE AN UNLAWFUL PRACTICE FOR ANY PERSON, BEING  THE  OWNER,
LANDLORD, LESSEE, PROPRIETOR, MANAGER, SUPERINTENDENT, AGENT OR EMPLOYEE
OF  ANY  HOUSING ACCOMMODATION OR MULTIPLE DWELLING TO DENY ANY PERSON'S
APPLICATION TO RENT OR LEASE A UNIT INTENDED TO BE  USED  PRIMARILY  FOR
RESIDENTIAL PURPOSES BASED, WHOLLY OR IN PART, ON SUCH PERSON'S PREVIOUS
APPEARANCE IN AN ACTION OR PROCEEDING INVOLVING THE ENFORCEMENT OF STATE
AND  LOCAL LAWS RELATING TO HOUSING STANDARDS IN THE SUPREME COURT OR IN
THE HOUSING PART OF THE NEW YORK CITY CIVIL COURT, UNLESS:
  (A) SUCH PERSON PREVIOUSLY APPEARED IN AN ACTION TO RECOVER REAL PROP-
ERTY OR A SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY;
  (B) SUCH PERSON WAS THE RESPONDENT IN SUCH A PROCEEDING, AND  A  JUDGE
RULED IN FAVOR OF THE PETITIONER;
  (C) A WARRANT OF EVICTION WAS ISSUED UPON SUCH PERSON; AND
  (D) SUCH PERSON, WHO HAD ISSUED UPON HIM OR HER A WARRANT OF EVICTION,
IN  NO  WAY  ENTERED  INTO A VOLUNTARY AGREEMENT, SUCH AS A STIPULATION,
CONSENT DECREE, OR ANY OTHER AGREEMENT INTO WHICH THE  TENANT  WILLFULLY
SUBMITTED.
  3. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION MAY MAINTAIN AN
ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR:
  (A) AN INJUNCTION TO ENJOIN AND RESTRAIN SUCH UNLAWFUL PRACTICE;
  (B)  ACTUAL  DAMAGES  SUSTAINED AS A RESULT OF SUCH UNLAWFUL PRACTICE;
AND
  (C) COURT COSTS.
  S 3. This act shall take effect immediately and  shall  apply  to  all
residential leases entered into or renewed on or after such date.

2009-A3243A (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §235-g, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4203
2013-2014: A3691

2009-A3243A (ACTIVE) - Summary

2009-A3243A (ACTIVE) - Bill Text download pdf

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

                                 3243--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M.  of A. O'DONNELL, V. LOPEZ, KELLNER, ALFANO -- Multi-
  Sponsored by -- M. of A. BARRA, CLARK, GLICK, N. RIVERA --  read  once
  and  referred  to  the  Committee  on  Judiciary -- recommitted to the
  Committee on Judiciary in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the  real  property  law,  in  relation  to  prohibiting
  certain prior housing court proceedings from being considered by land-
  lords in the lease of property for residential purposes

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

  Section 1. Legislative intent. The legislature hereby finds that  some
landlords  refuse  to  offer available units because prospective tenants
have previously been party to  a  judicial  proceeding  arising  from  a
dispute  between  themselves  and  a prior landlord, and also finds that
tenant screening reports are also being used by some landlords to  inap-
propriately   blacklist  some  prospective  tenants.    The  legislature
believes that a tenant's prior appearance in a  judicial  proceeding  is
not  worthy  of consideration when a landlord is reviewing a prospective
tenant's application, except under the limited  circumstances  permitted
by this act.
  S 2. The real property law is amended by adding a new section 235-g to
read as follows:
  S  235-G. UNLAWFUL REFUSAL TO RENT TO A PROSPECTIVE TENANT. 1. AS USED
IN THIS SECTION, THE TERMS:
  (A) "HOUSING  ACCOMMODATION"  INCLUDES  ANY  BUILDING,  STRUCTURE,  OR
PORTION  THEREOF  WHICH  IS USED OR OCCUPIED OR IS INTENDED, ARRANGED OR
DESIGNED TO BE USED OR OCCUPIED, AS  THE  HOME,  RESIDENCE  OR  SLEEPING
PLACE OF ONE OR MORE HUMAN BEINGS.
  (B) "TENANT SCREENING REPORT" MEANS ANY WRITTEN, ORAL, OR OTHER COMMU-
NICATION  OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY BEARING ON A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00048-04-0

A. 3243--A                          2

CONSUMER'S CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY,  CHARAC-
TER,  GENERAL  REPUTATION,  PERSONAL CHARACTERISTICS, HISTORY OF CONTACT
WITH ANY HOUSING, CIVIL OR CRIMINAL COURT  OF  ANY  STATE,  OR  MODE  OF
LIVING,  WHICH  IS USED FOR OR EXPECTED TO BE USED OR COLLECTED IN WHOLE
OR PART FOR THE PURPOSE OF SERVING AS A FACTOR IN EVALUATING A  PROSPEC-
TIVE TENANT.
  (C)  "PERSON"  MEANS  ANY  NATURAL  PERSON,  FIRM,  PARTNERSHIP, JOINT
VENTURE, CORPORATION OR ASSOCIATION.
  (D) "CONSUMER REPORTING AGENCY" MEANS ANY  PERSON  WHO,  FOR  MONETARY
FEES,  DUES,  OR  ON A COOPERATIVE NONPROFIT BASIS, REGULARLY ENGAGES IN
WHOLE OR IN PART IN THE PRACTICE OF ASSEMBLING  OR  EVALUATING  CONSUMER
CREDIT  INFORMATION OR OTHER INFORMATION ON CONSUMERS FOR THE PURPOSE OF
FURNISHING CONSUMER REPORTS, TENANT SCREENING REPORTS OR OTHER  INVESTI-
GATIVE CONSUMER REPORTS TO THIRD PARTIES.
  2.  IT  SHALL BE AN UNLAWFUL PRACTICE FOR ANY PERSON, BEING THE OWNER,
LANDLORD, LESSEE, PROPRIETOR, MANAGER, SUPERINTENDENT, AGENT OR EMPLOYEE
OF ANY HOUSING ACCOMMODATION TO DENY ANY PERSON'S APPLICATION TO RENT OR
LEASE A UNIT INTENDED TO BE  USED  PRIMARILY  FOR  RESIDENTIAL  PURPOSES
BASED,  WHOLLY OR IN PART, ON INFORMATION OBTAINED FROM A TENANT SCREEN-
ING REPORT.  IT SHALL ALSO BE UNLAWFUL TO DO SO BASED ON ANY INFORMATION
INDICATING THAT SUCH PERSON WAS A LITIGANT IN AN  ACTION  OR  PROCEEDING
BROUGHT  UNDER ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDING
LAW OR SECTION 110 OF THE NEW YORK CITY CIVIL COURT ACT IN  THE  SUPREME
COURT  OR IN THE HOUSING PART OF THE NEW YORK CITY CIVIL COURT, OR BASED
ON ANY OF THE FACTS OR ALLEGED FACTS DERIVED  FROM  SUCH  A  PROCEEDING,
UNLESS:
  (A)  SUCH  PERSON PREVIOUSLY APPEARED AS RESPONDENT OR DEFENDANT IN AN
ACTION TO RECOVER REAL PROPERTY  OR  A  SUMMARY  PROCEEDING  TO  RECOVER
POSSESSION OF REAL PROPERTY; AND
  (B) A JUDGE RULED IN FAVOR OF THE PETITIONER OR PLAINTIFF; AND
  (C)  A  WARRANT  OF  EVICTION  WAS  ISSUED AGAINST SUCH PERSON IN THAT
ACTION OR PROCEEDING; AND
  (D) SUCH PERSON, HAD NOT ENTERED INTO A VOLUNTARY AGREEMENT, SUCH AS A
STIPULATION, CONSENT DECREE, OR ANY  OTHER  AGREEMENT  CONSENTING  TO  A
JUDGMENT OF POSSESSION.
  3. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION MAY MAINTAIN AN
ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR:
  (A) AN INJUNCTION TO ENJOIN AND RESTRAIN SUCH UNLAWFUL PRACTICE;
  (B) ACTUAL DAMAGES SUSTAINED AS A RESULT OF SUCH UNLAWFUL PRACTICE;
  (C) COURT COSTS;
  (D) LEGAL FEES;
  (E) PUNITIVE DAMAGES AS DETERMINED BY THE TRIER OF FACT; AND
  (F) COMPENSATORY DAMAGES AS DETERMINED BY THE TRIER OF FACT.
  S  3.  This  act  shall take effect immediately and shall apply to all
landlord tenant relationships entered into or renewed on or  after  such
date.

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