S T A T E O F N E W Y O R K
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3709
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. KOON, CYMBROWITZ, ORTIZ -- Multi-Sponsored by --
M. of A. ALFANO, BARRA, EDDINGTON, MAYERSOHN, SCARBOROUGH, WEISENBERG
-- read once and referred to the Committee on Housing
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.
LBD01633-01-9
A. 3709 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.