Prohibits 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 provides that sexual harassment of a tenant by any owner, agent or operator of a multiple dwelling or for any employee or contractor of such owner, agent or operator constitutes a violation of the warranty of habitability.
S T A T E O F N E W Y O R K
________________________________________________________________________
9024
I N A S S E M B L Y
March 7, 2014
___________
Introduced by M. of A. SEPULVEDA -- read once and referred to the
Committee on Housing
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 designated as a level two or level three sex offender;
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 an owner,
agent or operator constitutes a violation of the warranty of habita-
bility
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:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01816-04-4
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