Senate Bill S987

                                BILL NUMBER:S987

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:;

To forbid owners of multiple dwellings from hiring dangerous sex
offenders as building superintendents or property managers; 'to
permit tenants to refuse access to registered sex offenders who may
be employed by a building owner; and to provide that sexual
harassment of a tenant by any building owner or agent thereof
constitutes a violation of the warranty of habitability.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the multiple dwelling law by adding a new section
              

309-b, to require that an owner 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 New York state; provides that no tenant shall
be required to give access to his or her apartment to any person who
is a registered sex offender.

Section 2: Amends the real property law by adding a new section 235-h,
to provide that it shall be unlawful and shall constitute a violation
of the warranty of habitability for any owner, agent, or operator of
a multiple dwelling or any employee or contractor of such owner,
agent, or operator to subject any tenant of the building to sexual
harassment. Defines "tenant" and "sexual harassment" as used in this
section and explains the process by which tenants may apply to the
Supreme Court to seek a restraining or similar order in the case of
sexual harassment.

Further stipulates that the powers and remedies set forth in this
section shall be in addition to all other powers and remedies in
relation to sexual harassment including the award of damages and do
not limit or restrict existing local laws, ordinance, or provisions
of New York City's administrative code. Any agreement by a tenant in
a written lease or other
rental agreement waiving or modifying his or her rights as set forth
in this section shall be void as contrary to public policy.

JUSTIFICATION:

Current laws and regulations require tenants in New York City and
other jurisdictions to allow landlords access to their apartments,


subject to certain restrictions, and permit landlords to seek
eviction of tenants who unreasonably refuse such access (HMC
27-2008; 28 RCNY § 25-101; 9 NYCRR § 2524.3 (e); NYCAC § 26-408 (a)
(6); 9 NYCRR § 2204.2 (a) (6)).

Additionally, the multiple dwelling law requires tenants who install
their own locks to provide landlords with duplicate keys upon request
(Multiple Dwelling Law § 51-c).

In practice, landlords may designate building superintendents,
property managers, contractors, or other individuals to enter
tenants' apartments for inspections or repairs, and/or to have
possession of keys to residents' apartments. Tenants may have little
or no information as to the identity and background of the people to
whom they are required to allow access, and could be subject to
eviction for "unreasonable" refusal to provide access should they
object to the entry of an owner's agent. In these circumstances,
tenants are vulnerable to the possibility that they may be required
to provide access to persons who are sex offenders.

New York and other states have developed sex offender registration
systems in order to provide the public and the police with
information about the location of individuals who have been convicted
of rape, sexual assault, and other sex offenses, as well as the risk
that any particular offender might re-offend. However, many tenants
do not regularly search the New York State Sex Offender Registry;
additionally, some contractors or other agents employed by landlords
may not appear in the database as being in proximity to the buildings
in which they are doing work. What is more, landlords may use the
threat of eviction to compel tenants to provide access even to
persons who are known sex offenders.

For these reasons, it is important that the burden of ensuring that
dangerous sex offenders are not employed so as to be able to gain
access to tenants' apartments be placed on the landlords who might
employ them.
This legislation would forbid landlords from employing as
superintendents, property managers, or other agents any level two or
level three registered sex offenders. Additionally, it would permit
tenants to deny access to any registered sex offenders without fear
of eviction or other sanction.

While current law forbids landlords from harassing tenants, whether
through physical or verbal abuse, willful denial of services, or
multiple instances of frivolous litigation, it does not specifically
protect tenants from sexual harassment by landlords or their agents.
Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature can be used to
victimize tenants and to force them from their apartments. By
defining sexual harassment as a breach of the warranty of
habitability, this legislation gives tenants recourse against such
behavior, allowing them to sue landlords who commit or allow their
agents to commit sexually harassing acts.

PRIOR LEGISLATIVE HISTORY:

2010 - S.6760 Referred to Housing- A.9858 Referred to Codes


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Act to take effect immediately.