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Assembly Bill A9695

2013-2014 Legislative Session

Establishes a private right of action for owners and tenants of residential premises against persons video taping recreational activities in the backyard of such premises

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Archive: Last Bill Status - In Assembly Committee

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2013-A9695 (ACTIVE) - Details

See Senate Version of this Bill:
S3079
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add ยง52-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7111
2015-2016: A4368, A7889, S2318
2017-2018: A861, S870

2013-A9695 (ACTIVE) - Summary

Establishes a private right of action for owners and tenants of residential premises against person video taping recreational activities in the backyard of such premises.

2013-A9695 (ACTIVE) - Bill Text download pdf 

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

                                  9695

                          I N  A S S E M B L Y

                              May 16, 2014
                               ___________

Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the  civil  rights  law,  in  relation  to  establishing
  private  right  of action for unwarranted video imaging of residential
  premises

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil  rights law is amended by adding a new section
52-a to read as follows:
  S 52-A. PRIVATE RIGHT OF ACTION FOR UNWARRANTED VIDEO IMAGING OF RESI-
DENTIAL PREMISES. 1. ANY OWNER OR TENANT OF  RESIDENTIAL  REAL  PROPERTY
SHALL  HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY PERSON WHO
INSTALLS OR AFFIXES A VIDEO IMAGING DEVICE ON  PROPERTY  ADJOINING  SUCH
RESIDENTIAL  REAL  PROPERTY  FOR  THE PURPOSE OF VIDEO TAPING THE RECRE-
ATIONAL ACTIVITIES WHICH OCCUR IN THE BACKYARD OF THE  RESIDENTIAL  REAL
PROPERTY  WITHOUT  THE  WRITTEN  CONSENT  THERETO  OF  SUCH OWNER AND/OR
TENANT. THE PROVISIONS OF THIS  SECTION  SHALL  NOT  APPLY  TO  ANY  LAW
ENFORCEMENT PERSONNEL ENGAGED IN THE CONDUCT OF THEIR AUTHORIZED DUTIES.
  2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  "BACKYARD" SHALL MEAN THAT
PORTION OF THE PARCEL ON WHICH  RESIDENTIAL  REAL  PROPERTY  IS  LOCATED
WHICH  EXTENDS  BEYOND  THE  REAR  FOOTPRINT OF THE RESIDENTIAL DWELLING
SITUATE THEREON, AND TO THE SIDE AND  REAR  BOUNDARIES  OF  SUCH  PARCEL
EXTENDING BEYOND THE REAR FOOTPRINT OF SUCH RESIDENTIAL DWELLING.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law, and shall apply to acts occurring on  or  after  such
date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07135-04-4

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