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Senate Bill S5330

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2009-S5330 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Multiple Dwelling Law
Laws Affected:
Add ยง301-a, Mult Dwell L

2009-S5330 (ACTIVE) - Summary

Requires landlords to check state sex offender registry when leasing to a new tenant, subtenant or adult occupant, and to notify tenants of any listing of such tenant, subtenant or adult occupant as a 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.

2009-S5330 (ACTIVE) - Sponsor Memo

2009-S5330 (ACTIVE) - Bill Text download pdf 

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

                                  5330

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- 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 SEX OFFENDER, THE LANDLORD SHALL PROVIDE WRITTEN NOTIFICA-
TION OF SUCH FINDING TO BUILDING TENANTS.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11530-01-9

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