senate Bill S3163

2013-2014 Legislative Session

Establishes it shall be unlawful for a person to have his or her application to rent or lease a residence to be denied due to prior housing court proceedings

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 31, 2013 referred to judiciary

Co-Sponsors

S3163 - Details

See Assembly Version of this Bill:
A3691
Law Section:
Real Property Law
Laws Affected:
Add §235-h, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S457, A4203
2009-2010: S3856B, A3243A

S3163 - Summary

Establishes it shall be unlawful for a person to have his or her application to rent or lease a residence to be denied due to a previous housing court proceeding; allows a person aggrieved to maintain a civil action.

S3163 - Sponsor Memo

S3163 - Bill Text download pdf

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

                                  3163

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. KRUEGER, SERRANO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

AN ACT to amend the  real  property  law,  in  relation  to  prohibiting
  certain prior housing court proceedings from being considered by land-
  lords in the lease of property for residential purposes

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

  Section 1. Legislative intent. The legislature hereby finds that  some
landlords  refuse  to  offer available units because prospective tenants
have previously been party to  a  judicial  proceeding  arising  from  a
dispute  between  themselves  and  a prior landlord, and also finds that
tenant screening reports are also being used by some landlords to  inap-
propriately   blacklist  some  prospective  tenants.    The  legislature
believes that a tenant's prior appearance in a  judicial  proceeding  is
not  worthy  of consideration when a landlord is reviewing a prospective
tenant's application, except under the limited  circumstances  permitted
by this act.
  S 2. The real property law is amended by adding a new section 235-h to
read as follows:
  S  235-H. UNLAWFUL REFUSAL TO RENT TO A PROSPECTIVE TENANT. 1. AS USED
IN THIS SECTION, THE TERMS:
  (A) "HOUSING  ACCOMMODATION"  INCLUDES  ANY  BUILDING,  STRUCTURE,  OR
PORTION  THEREOF  WHICH  IS USED OR OCCUPIED OR IS INTENDED, ARRANGED OR
DESIGNED TO BE USED OR OCCUPIED, AS  THE  HOME,  RESIDENCE  OR  SLEEPING
PLACE OF ONE OR MORE HUMAN BEINGS.
  (B) "TENANT SCREENING REPORT" MEANS ANY WRITTEN, ORAL, OR OTHER COMMU-
NICATION  OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY BEARING ON A
CONSUMER'S CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY,  CHARAC-
TER,  GENERAL  REPUTATION,  PERSONAL CHARACTERISTICS, HISTORY OF CONTACT
WITH ANY HOUSING, CIVIL OR CRIMINAL COURT  OF  ANY  STATE,  OR  MODE  OF
LIVING,  WHICH  IS USED FOR OR EXPECTED TO BE USED OR COLLECTED IN WHOLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01586-01-3

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