Assembly Bill A856A

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

                                 856--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. KELLNER, GUNTHER, SPANO, MARKEY, REILLY, HOYT,
  GIBSON, HIKIND, MENG, ROBINSON, SCARBOROUGH, CASTRO -- Multi-Sponsored
  by -- M. of A.  CRESPO, CROUCH, CYMBROWITZ, FINCH,  GABRYSZAK,  GALEF,
  GLICK,  KOLB,  McDONOUGH, J. MILLER, M. MILLER, MOLINARO, PERRY, PHEF-
  FER, SALADINO, TITONE -- read once and referred to  the  Committee  on
  Housing  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the multiple dwelling law, in  relation  to  prohibiting
  the  owner,  agent or operator of a multiple dwelling from hiring as a
  building superintendent,  managing  agent,  or  resident  manager  any
  person who is registered as a level two or level three sex offender in
  New  York  state,  and  to amend the real property law, in relation to
  providing that sexual harassment of a tenant by any  owner,  agent  or
  operator  of a multiple dwelling or any employee or contractor of such
  owner, agent or operator constitutes a violation of  the  warranty  of
  habitability

  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 309-b to read as follows:
  S  309-B.  PROHIBITED  HIRING.  1.    AN OWNER, AGENT OR OPERATOR OF A
MULTIPLE DWELLING SHALL NOT HIRE AS A BUILDING SUPERINTENDENT,  MANAGING
AGENT OR RESIDENT MANAGER ANY PERSON WHO IS REGISTERED AS A LEVEL TWO OR
LEVEL  THREE SEX OFFENDER IN THIS STATE PURSUANT TO ARTICLE SIX-C OF THE
CORRECTION LAW.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  NO  TENANT
SHALL  BE  REQUIRED TO GIVE ACCESS TO HIS OR HER APARTMENT TO ANY PERSON
WHO IS A REGISTERED SEX OFFENDER.
  S 2. The real property law is amended by adding a new section 235-h to
read as follows:

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

                                                           LBD00593-02-1

A. 856--A                           2

  S 235-H. SEXUAL HARASSMENT. 1. IT SHALL BE UNLAWFUL AND SHALL  CONSTI-
TUTE A VIOLATION OF THE WARRANTY OF HABITABILITY FOR ANY OWNER, AGENT OR
OPERATOR  OF  A  MULTIPLE  DWELLING OR FOR ANY EMPLOYEE OR CONTRACTOR OF
SUCH OWNER, AGENT OR OPERATOR TO SUBJECT ANY TENANT OF THE  BUILDING  TO
SEXUAL HARASSMENT.
  2. AS USED IN THIS SECTION:
  (A)  "TENANT"  MEANS A PERSON OR BUSINESS OCCUPYING OR RESIDING AT THE
PREMISES PURSUANT TO A WRITTEN LEASE OR OTHER RENTAL AGREEMENT; AND
  (B) "SEXUAL HARASSMENT" MEANS  UNWELCOME  SEXUAL  ADVANCES,  UNWELCOME
REQUESTS  FOR  SEXUAL  FAVORS,  AND  OTHER  UNWELCOME VERBAL OR PHYSICAL
CONDUCT OF A SEXUAL NATURE.
  3. A TENANT MAY APPLY TO THE SUPREME COURT FOR AN ORDER ENJOINING ACTS
OR PRACTICES WHICH CONSTITUTE SEXUAL HARASSMENT UNDER SUBDIVISION ONE OF
THIS SECTION; AND UPON SUFFICIENT SHOWING, THE SUPREME COURT MAY ISSUE A
TEMPORARY OR PERMANENT INJUNCTION, RESTRAINING ORDER OR OTHER ORDER, ALL
OF WHICH MAY, AS THE COURT DETERMINES  IN  THE  EXERCISE  OF  ITS  SOUND
DISCRETION,  BE  GRANTED  WITHOUT  BOND. IN THE EVENT THE COURT ISSUES A
PRELIMINARY INJUNCTION IT SHALL MAKE PROVISION FOR AN EXPEDITIOUS  TRIAL
OF THE UNDERLYING ACTION.
  4. THE POWERS AND REMEDIES SET FORTH IN THIS SECTION SHALL BE IN ADDI-
TION  TO  ALL OTHER POWERS AND REMEDIES IN RELATION TO SEXUAL HARASSMENT
INCLUDING THE AWARD OF DAMAGES. NOTHING CONTAINED IN THIS SECTION  SHALL
BE  CONSTRUED  TO AMEND, REPEAL, MODIFY OR AFFECT ANY EXISTING LOCAL LAW
OR ORDINANCE, OR PROVISION OF THE CHARTER OR ADMINISTRATIVE CODE OF  THE
CITY  OF  NEW YORK, OR TO LIMIT OR RESTRICT THE POWER OF THE CITY OF NEW
YORK TO AMEND OR MODIFY ANY EXISTING LOCAL LAW, ORDINANCE  OR  PROVISION
OF THE CHARTER OR ADMINISTRATIVE CODE, OR TO RESTRICT OR LIMIT ANY POWER
OTHERWISE CONFERRED BY LAW WITH RESPECT TO SEXUAL HARASSMENT.
  5. ANY AGREEMENT BY A TENANT IN A WRITTEN LEASE OR OTHER RENTAL AGREE-
MENT WAIVING OR MODIFYING HIS OR HER RIGHTS AS SET FORTH IN THIS SECTION
SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
  S 3. This act shall take effect immediately.