Senate Bill S3330

                                BILL NUMBER:S3330

TITLE OF BILL:  An act to amend the multiple dwelling law, in relation
to landlord checks of the state sex offender registry and notification
of certain tenants

PURPOSE  OR  GENERAL  IDEA OF BILL:  Requires landlords to check state
offender registry when leasing to a new tenant or on notice of sublet,
and to notify tenants with children of any listing.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
section  301-a  to read as follows. 1. Landlords of multiple dwellings
shall, within the first sixty days following: (a) execution of a lease
with a new tenant or (b) notice of  occupancy  by  a  third  party  in
interest  to  a  leased  unit,  perform  a check of such new tenant or
subtenant in the sex offender registry maintained by the  division  of
criminal justices.

2.  If  such  new  tenant  or subtenant is listed in the registry, the
landlord shall  provide  written  notification  of  such  findings  to
building tenants with children under the age of sixteen.

3.  All  leases offered to tenants in multiple dwellings shall contain
notice advising tenants of the requirements.
              

4. No landlord shall be subject to any civil or criminal liability for
damages for any discretionary decision to release relevant information
pursuant  to  this  section  or  for  failing  to   release   relevant
information  to  this  section,  unless it is shown that such landlord
acted with gross negligence or in  bad  faith.  Section  2.  Sets  the
effective date.

JUSTIFICATION:    On  May  8,  2001, 11-year-old Tamioua Gutierrez was
found raped and  murdered  in  the  hallway  of  her  Bronx  apartment
building. A 43-year-old neighbor was later charged with luring Tamiqua
into  his  apartment,  sexually  assaulting her while holding a pillow
over her face, and then dragging her unconscious body into the hallway
and leaving her to die from her injuries.

This legislation will help prevent future crimes against children like
Tamiqua by letting parents know when a  known  sexual  predator  moves
into  their building. The close quarters and shared common areas of in
many apartment buildings often put children  in  closer  contact  with
their  fellow  apartment  dwellers  than  with a traditional neighbor.
Despite this greater proximity, tenants do not ordinarily have  access
to  the  pertinent  information  about their fellow tenants that would
enable then to check their  identities  against  the  sexual  offender
registry.   In   large   apartment  buildings,  where  tenants  change
frequently, keeping one's family safe can be even more difficult. This
legislation also gives tenants the tools they need  to  perform  their
own  checks  of  new  and existing neighbors to better safeguard their
families against sexual predators.


Landlords, however, routinely collect personal information and perform
a variety of other background inquiries before entering into  a  lease
agreement  with  a  prospective  tenant. Requiring an additional check
with the sexual offender registry imposes a relatively small burden on
landlords  but  will  make  thousands  of  families safer in their own
homes.

PRIOR LEGISLATIVE HISTORY:; 2009-10: S.5044/A.3709 (Koon)  -  Referred
to  Housing,  Construction  &  Community  Development  2007-08: A.1666
Referred  to  Housing/S.2842  Referred  to  Housing,  Construction   &
Community Development 2005-06: A.971/S.2241 (Hassel-Thompson) 2007-08:
A.1666/S.2842   (Hassel-Thompson)   2003-04:   A.2630   (Klein)/S.4492
(Hassell-Thompson) 2001-02: A.9238 Referred to Housing

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:   This act  shall  take  effect  on  the  one  hundred
twentieth  day  after  it  shall  have become a law and shall apply to
leases or subleases entered into or after such date.