NY State Senate Bill 2009-S3856

Senate Bill S3856

2009-2010 Legislative Session

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 prior housing court proceedings

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	amended on third reading 3856b
May 03, 2010	advanced to third reading
Apr 28, 2010	2nd report cal.
Apr 27, 2010	1st report cal.430
Apr 19, 2010	print number 3856a
Apr 19, 2010	amend and recommit to judiciary
Jan 06, 2010	referred to judiciary
Apr 02, 2009	referred to judiciary

Votes

- Apr 27, 2010 - Judiciary Committee Vote
  S3856
  
  12
  
  Aye
  
  11
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Apr 27, 2010
      
      aye (12)
      
      Adams
      
      Breslin
      
      Diaz
      
      Dilan
      
      Espada
      
      Hassell-Thompson
      
      Klein
      
      Onorato
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      nay (11)
      
      Bonacic
      
      DeFrancisco
      
      LaValle
      
      Lanza
      
      Leibell
      
      Maziarz
      
      Nozzolio
      
      Ranzenhofer
      
      Saland
      
      Volker
      
      Winner

Bill Amendments

Original

B (Active)

co-Sponsors

2009-S3856 - Details

See Assembly Version of this Bill:: A3243
Law Section:: Real Property Law
Laws Affected:: Add §235-g, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S457, A4203
2013-2014: S3163, A3691
2015-2016: S2798
2017-2018: S3320

2009-S3856 - 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-S3856 - Sponsor Memo

                                 BILL NUMBER:  S3856

 TITLE OF BILL :  An act to amend the real property law, in relation
to prohibiting certain prior housing court proceedings from being
considered by landlords in the lease of property for residential
purposes

 PURPOSE OR GENERAL IDEA OF BILL :

To protect tenants who have appeared in court as a result of a
landlord-tenant dispute, but who have not been evicted against their
will, from discrimination when applying for new housing.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill provides the legislative intent, stating that
the legislature believes that a tenant's prior court history, insofar
as it relates to a landlord-tenant dispute, should have no bearing on
a new application for housing, unless that tenant was previously
evicted without agreeing to such an eviction.

Section 2 adds a section 235-g to the real property law. Section
235-g(1) (a) defines "housing accommodation" and 235-g(1) (b) defines
"multiple dwelling." Section 235-g(2) makes it an unlawful practice
for an owner, landlord, or other person in a position to rent or lease
property used for housing to consider a prospective tenant's history

in court cases arising from landlord-tenant disputes, unless that
tenant had a warrant of eviction issued against him or her and did not
voluntarily enter into an agreement that would allow a warrant of
eviction to be issued against him or her. Section 235-g(3) allows
aggrieved tenants to sue to enjoin such an unlawful practice, and to
recover actual damages and court costs.

Section 3 establishes that this act shall take effect immediately.

 JUSTIFICATION :

Landlords typically review prospective tenants' background in order to
evaluate their desirability as tenants. In addition to credit, history
and income, landlords also examine court history. In fact, an entire
industry, comprised of so-called tenant screening bureaus or tenant
screening companies, has been created in order to provide landlords
with information on tenants, and these companies often provide a
tenant's complete court history. Unfortunately, these companies are
not necessarily thorough, and they do not always include the outcome
of a tenant's court case. Tenants who have appeared in court cases
relating to landlord-tenant disputes, and who might have won their
case or settled out of court, still find their applications for new
housing rejected, simply based on their prior appearance in court.

This bill would make it unlawful for landlords to consider a tenant's
history in court cases that arise from landlord-tenant disputes,
unless that tenant was evicted against his or her will. This would
ensure that appearance in court in and of itself would not prevent a
tenant from obtaining new housing. Lawyers involved in housing court
cases report that there are 375,000 housing court cases a year in New
York State, and only 25,000 result in warrants of eviction. That means
that there are potentially 350,000 residents of New York State who are
suffering because the law does not prevent landlords from
discriminating against them.

Additionally, this bill also would eliminate a threat that landlords
can leverage against their tenants. Currently, tenants who may wish to
sue their landlord - over a failure to deliver services, harassment,
or any other number of reasons - may be unwise to do so, simply
because their involvement in housing court can be used adversely
against them in the future. Similarly, landlords who wish to exercise
control over their tenants can threaten to sue to evict them, knowing
full well that even if they lose the case, they have caused
irreparable harm to the tenants' ability to find new housing. Tenants
should not feel that they are unable to exercise their rights by
appearing in court, and landlords should not be able to manipulate the
judicial system to intimidate their tenants. This bill would prevent
both of these phenomena, and would also allow tenants who have
appeared in court, but have not been evicted against their will, from
suffering unreasonable hardship.

 PRIOR LEGISLATIVE HISTORY :

2006:     S.7466
2007-08:  S.3365

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3856 - Bill Text download pdf

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

                                  3856

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sens.  KRUEGER, DUANE, HUNTLEY, MONSERRATE -- read twice
  and ordered printed, and when printed to be committed 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

S. 3856                             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.

co-Sponsors

2009-S3856A - Details

See Assembly Version of this Bill:: A3243
Law Section:: Real Property Law
Laws Affected:: Add §235-g, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S457, A4203
2013-2014: S3163, A3691
2015-2016: S2798
2017-2018: S3320

2009-S3856A - Summary

2009-S3856A - Sponsor Memo

                                 BILL NUMBER:  S3856A

 TITLE OF BILL :
An act to amend the real property law, in relation to prohibiting
certain prior housing court proceedings from being considered by
landlords in the lease of property for residential purposes


 PURPOSE OR GENERAL IDEA OF BILL :
To protect tenants who have appeared in court as a result of a
landlord-tenant dispute, but who have not been evicted against their
will, from discrimination when applying for new housing.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill provides the legislative intent, stating that
the legislature believes that a tenant's prior court history, insofar
as it relates to a landlord-tenant dispute, should have no bearing on
a new application for housing, unless that tenant was previously
evicted without agreeing to such an eviction.

Section 2 adds a section 235-g to the real property law. section
235-9(1) (a) defines "housing accommodation" and 235-g(1) (b) defines
"multiple dwelling." section 235-9(2) makes it an unlawful practice
for an owner, landlord, or other person in a position to rent or lease
property used for housing to consider a prospective tenant's history
in court cases arising from landlord-tenant disputes, unless that

tenant had a warrant of eviction issued against him or her and did not
voluntarily enter into an agreement that would allow a warrant of
eviction to be issued against him or her. Section 235-g (3) allows
aggrieved tenants to sue to enjoin such an unlawful practice, and to
recover actual damages and court costs.

Section 3 establishes that this act shall take effect immediately.

 JUSTIFICATION :
Landlords typically review prospective tenants' background in order to
evaluate their desirability as tenants. In addition to credit, history
and income, landlords also examine court history. In fact, an entire
industry, comprised of so-called tenant screening bureaus or tenant
screening companies, has been created in order to provide landlords
with information on tenants, and these companies often provide a
tenant's complete court history. Unfortunately, these companies are
not necessarily thorough, and they do not always include the outcome
of a tenant's court case. Tenants who have appeared in court cases
relating to landlord-tenant disputes, and who might have won their
case or settled out of court still find their applications for new
housing rejected simply based on their prior appearance in court.

This bill would make it unlawful for landlords to consider a tenant's
history in court cases that arise from landlord-tenant disputes,
unless that tenant was evicted against his or her will. This would
ensure that appearance in court in and of itself would not prevent a
tenant from obtaining new housing. Lawyers involved in housing court
cases report that there are 375,000 housing court cases a year in New
York State, and only 25,000 result in warrants of eviction. That means
that there are potentially 350,000 residents of New York State who are
suffering because the law does not prevent landlords from
discriminating against them.

Additionally, this bill also would eliminate a threat that landlords
can leverage against their tenants. Currently, tenants who may wish to
sue their landlord - over a failure to deliver services, harassment,
or any other number of reasons - may be unwise to do so, simply
because their involvement in housing court can be used adversely
against them in the future. Similarly, landlords who wish to exercise
control over their tenants can threaten to sue to evict them, knowing
full well that even if they lose the case, they have caused
irreparable harm to the tenants' ability to find new housing.  Tenants
should not feel that they are unable to exercise their rights by
appearing in court, and landlords should not be able to manipulate the
judicial system to intimidate their tenants. This bill would prevent
both of these phenomena, and would also allow tenants who have
appeared in court, but have not been evicted against their will, from
suffering unreasonable hardship.

 PRIOR LEGISLATIVE HISTORY :
2006:    S.7466
2007-08:S.3365

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3856A - Bill Text download pdf

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

                                 3856--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sens. KRUEGER, DUANE, HUNTLEY, SERRANO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  --  recommitted to the Committee on Judiciary in accordance
  with Senate Rule 6, sec. 8  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00048-02-0

S. 3856--A                          2

DESIGNED  TO  BE  USED  OR  OCCUPIED, AS THE HOME, RESIDENCE OR SLEEPING
PLACE OF ONE OR MORE HUMAN BEINGS.
  (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 SOLELY 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  HOUS-
ING 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.

co-Sponsors

2009-S3856B (ACTIVE) - Details

See Assembly Version of this Bill:: A3243
Law Section:: Real Property Law
Laws Affected:: Add §235-g, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S457, A4203
2013-2014: S3163, A3691
2015-2016: S2798
2017-2018: S3320

2009-S3856B (ACTIVE) - Summary

2009-S3856B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3856B

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To protect tenants from discrimination based on prior landlord-tenant
litigation, or tenant screening reports, when applying for new housing.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill states the underlying legislative findings:
that some landlords discriminate against some prospective tenants based
on prior landlord-tenant litigation or based on tenant screening reports
that are used to blacklist some tenants.

Section 2 of the bill adds a new section 235-g to the Real Property Law
("RPL"). New RPL section 235-g(1) defines the following terms:  housing
accommodation, tenant screening report, person, and consumer reporting
agency. New RPL section 235-g(2) makes it an unlawful practice to refuse
to rent residential units based on information obtained from tenant
screening reports or based on prior landlord-tenant litigation, or facts
derived from such litigation, unless the tenant had a warrant of
eviction issued against him or her and did not voluntarily enter into an
agreement that would allow the warrant of eviction to be issued. New RPL

section 235-g(3) allows aggrieved tenants to sue for injunctive relief,
damages, costs and fees.

Section 3 establishes that this act shall take effect immediately.

The changes made in the A-print do not change the overall purpose of the
bill. They were suggested by tenant advocates familiar with housing
court practice and procedure so that the bill will more effectively
accomplish its purpose of protecting tenants from discrimination.

JUSTIFICATION:
Landlords typically review prospective tenants' background in order to
evaluate their desirability as tenants. In addition to credit history
and income, landlords also examine court history. In fact, an entire
industry, comprised of so-called tenant screening bureaus or tenant
screening companies, has been created in order to provide landlords with
information on tenants, and these companies often provide a tenant's
court history. Unfortunately, these companies are not necessarily thor-
ough, and they do not always include the outcome of a tenant's court
case. Tenants who have appeared in court cases relating to landlord-ten-
ant disputes, and who might have won their cases or settled out of
court, still find their applications for new housing rejected, simply
based on their prior appearances in court.

This bill would make it unlawful for landlords to consider a tenant's
history in court cases that arise from landlord-tenant disputes, unless
that tenant was evicted against his or her will. This would ensure that
appearance in court in and of itself would not prevent a tenant from
obtaining new housing. Lawyers involved in housing court cases report
that there are 375,000 housing court cases a year in New York State, and
only 25,000 result in warrants of eviction. That means that there are
potentially 350,000 residents of New York State who are suffering
because the law does not prevent landlords from discriminating against
them. The bill would continue to permit the use of prior litigation
history that resulted in a contested (i.e., non-consented to) eviction,
following a court ruling in favor of a petitioner-landlord, thus allow-
ing legitimate use of a relatively small number of cases, while prevent-
ing discrimination based on cases that did not have such a result.

Additionally, this bill would eliminate a threat that landlords can use
against their tenants. Currently, tenants who may wish to sue their
landlord - over a failure to deliver services, harassment, or any other
number of reasons - may be unwise to do so, simply because their
involvement in housing court can be used adversely against them in the
future. Similarly, landlords who wish to exercise control over their
tenants can threaten to sue to evict them, knowing full well that even
if they lose the case, they have caused irreparable harm to the tenants'
ability to find new housing. Tenants should not feel that they are
unable to exercise their rights by appearing in court, and landlords
should not be able to manipulate the judicial system to intimidate their
tenants. This bill would prevent both of these phenomena, and would also
allow tenants who have appeared in court, but have not been evicted
against their will, from suffering unreasonable hardship.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-S3856B (ACTIVE) - Bill Text download pdf

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

                                 3856--B
    Cal. No. 430

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sens. KRUEGER, DUANE, HUNTLEY, SERRANO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary  --  recommitted to the Committee on Judiciary in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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.

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

                                                           LBD00048-05-0

S. 3856--B                          2

  (B) "TENANT SCREENING REPORT" MEANS ANY WRITTEN, ORAL, OR OTHER COMMU-
NICATION  OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY BEARING ON A
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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Senate Bill S3856

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2009-S3856 - Details

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2009-S3856 - Bill Text download pdf

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2009-S3856A - Details

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