S T A T E O F N E W Y O R K
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4301
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
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Introduced by M. of A. MALLIOTAKIS, BORELLI, CERETTO, CORWIN, CURRAN,
FINCH, KOLB, LUPINACCI, PALMESANO, PALUMBO, RA, RAIA, SALADINO, STEC,
TEDISCO, WALTER -- Multi-Sponsored by -- M. of A. BARCLAY, JOHNS,
McKEVITT, McLAUGHLIN -- read once and referred to the Committee on
Housing
AN ACT to amend the real property law and the real property actions and
proceedings law, in relation to prohibiting discrimination in housing
based upon domestic violence status and establishing a task force to
study the impact of source of income on access to housing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
227-d to read as follows:
S 227-D. DISCRIMINATION BASED ON DOMESTIC VIOLENCE STATUS; PROHIBITED.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, A PERSON IS A "DOMES-
TIC VIOLENCE VICTIM" AND POSSESSES "DOMESTIC VIOLENCE VICTIM STATUS" IF
SUCH PERSON IS OR HAS BEEN, OR IS A PARENT ACCOMPANIED BY A MINOR CHILD
OR CHILDREN WHO IS OR HAS BEEN, IN A SITUATION IN WHICH SUCH PERSON OR
CHILD IS A VICTIM OF AN ACT THAT WOULD CONSTITUTE A VIOLENT FELONY
OFFENSE AS ENUMERATED IN SECTION 70.02 OF THE PENAL LAW, OR A FAMILY
OFFENSE AS ENUMERATED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE
OF THE FAMILY COURT ACT, AND SUCH ACT IS ALLEGED TO HAVE BEEN COMMITTED
BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS DEFINED IN SUBDIVISION
ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT.
2. DISCRIMINATION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
(A) NO PERSON, FIRM OR CORPORATION OWNING OR MANAGING ANY BUILDING USED
FOR DWELLING PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION,
SHALL, BECAUSE OF SUCH PERSON'S OR FAMILY MEMBER'S DOMESTIC VIOLENCE
VICTIM STATUS, (1) REFUSE TO RENT A RESIDENTIAL UNIT TO ANY PERSON OR
FAMILY, WHEN, BUT FOR SUCH STATUS, RENTAL WOULD NOT HAVE BEEN REFUSED,
(2) DISCRIMINATE IN THE TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08003-01-5
A. 4301 2
RENTAL, WHEN, BUT FOR SUCH STATUS, SUCH DISCRIMINATION WOULD NOT HAVE
OCCURRED, OR (3) PRINT OR CIRCULATE, OR CAUSE TO BE PRINTED OR CIRCU-
LATED, ANY STATEMENT, ADVERTISEMENT OR PUBLICATION WHICH EXPRESSES,
DIRECTLY OR INDIRECTLY, ANY LIMITATION, SPECIFICATION, OR DISCRIMI-
NATION. A VIOLATION OF THIS SUBDIVISION SHALL BE A MISDEMEANOR AND, ON
CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE
THOUSAND DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH
OFFENSE; PROVIDED, HOWEVER, THAT IT SHALL BE A DEFENSE THAT SUCH PERSON,
FIRM, CORPORATION OR AGENT REFUSED TO RENT A RESIDENTIAL UNIT ON ANY
OTHER LAWFUL GROUND.
(B) CIVIL LIABILITY: (1) WHERE DISCRIMINATORY CONDUCT PROHIBITED BY
THIS SUBDIVISION HAS OCCURRED, SUCH PERSON OR FAMILY SHALL HAVE A CAUSE
OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR COMPENSATORY AND
PUNITIVE DAMAGES, WITH SUCH PUNITIVE DAMAGES NOT EXCEEDING TWO THOUSAND
DOLLARS FOR EACH OFFENSE, AND DECLARATORY AND INJUNCTIVE RELIEF; AND (2)
IN ALL ACTIONS BROUGHT UNDER THIS SECTION, REASONABLE ATTORNEYS' FEES AS
DETERMINED BY THE COURT MAY BE AWARDED TO A PREVAILING PARTY, PROVIDED,
HOWEVER, THAT A PREVAILING DEFENDANT IN ORDER TO RECOVER SUCH REASONABLE
ATTORNEYS' FEES MUST MAKE A MOTION REQUESTING SUCH FEES AND SHOW THAT
THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN ORDER TO FIND THE
ACTION OR PROCEEDING TO BE FRIVOLOUS, THE COURT MUST FIND ONE OR MORE OF
THE FOLLOWING: (I) THE ACTION WAS COMMENCED, USED OR CONTINUED IN BAD
FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
HARASS OR MALICIOUSLY INJURE ANOTHER; OR (II) THE ACTION WAS COMMENCED
OR CONTINUED IN BAD FAITH WITHOUT ANY REASONABLE BASIS AND COULD NOT BE
SUPPORTED BY A GOOD FAITH ARGUMENT FOR AN EXTENSION, MODIFICATION OR
REVERSAL OF EXISTING LAW. IF THE ACTION OR PROCEEDING WAS PROMPTLY
DISCONTINUED WHEN THE PARTY OR ATTORNEY LEARNED OR SHOULD HAVE LEARNED
THAT THE ACTION OR PROCEEDING LACKED SUCH A REASONABLE BASIS, THE COURT
MAY FIND THAT THE PARTY OR THE ATTORNEY DID NOT ACT IN BAD FAITH.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE ABILITY
OF A PERSON, FIRM OR CORPORATION OWNING OR MANAGING A BUILDING USED FOR
DWELLING PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION,
FROM APPLYING REASONABLE STANDARDS NOT BASED ON OR DERIVED FROM DOMESTIC
VIOLENCE VICTIM STATUS IN DETERMINING THE ELIGIBILITY OF A PERSON OR
FAMILY SEEKING TO RENT A RESIDENTIAL UNIT.
(D) THIS SECTION SHALL NOT APPLY TO BUILDINGS USED FOR DWELLING
PURPOSES THAT ARE OWNER OCCUPIED AND HAVE TWO OR FEWER RESIDENTIAL
UNITS.
3. A PERSON, FIRM, OR CORPORATION OWNING OR MANAGING A BUILDING USED
FOR DWELLING PURPOSES OR AGENT OF SUCH PERSON, FIRM OR CORPORATION SHALL
NOT BE CIVILLY LIABLE TO OTHER TENANTS, GUESTS, INVITEES, OR LICENSEES
ARISING FROM REASONABLE AND GOOD FAITH EFFORTS TO COMPLY WITH THIS
SECTION.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A PERSON,
FIRM OR CORPORATION OWNING OR MANAGING A BUILDING USED FOR DWELLING
PURPOSES, OR THE AGENT OF SUCH PERSON, FIRM OR CORPORATION, FROM:
(A) PROVIDING OR PRESERVING A RENTAL PREFERENCE IN ANY PUBLIC OR
PRIVATE HOUSING FOR VICTIMS OF DOMESTIC VIOLENCE;
(B) PROVIDING ANY OTHER ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE IN
OBTAINING OR RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR
(C) RESPONDING TO AN INQUIRY OR REQUEST BY AN APPLICANT, TENANT, OR
LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING A MUNICI-
PALITY FROM RETAINING OR PROMULGATING LOCAL LAWS OR ORDINANCES IMPOSING
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ADDITIONAL OR ENHANCED PROTECTIONS PROHIBITING DISCRIMINATION AGAINST
VICTIMS OF DOMESTIC VIOLENCE.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING, DIMINISH-
ING, OR OTHERWISE AFFECTING ANY RIGHTS UNDER EXISTING LAW.
S 2. The real property actions and proceedings law is amended by
adding a new section 744 to read as follows:
S 744. EVICTION BASED ON DOMESTIC VIOLENCE VICTIM STATUS PROHIBITED.
1. A TENANT SHALL NOT BE REMOVED FROM POSSESSION OF A RESIDENTIAL UNIT
PURSUANT TO THIS ARTICLE BECAUSE OF SUCH PERSON'S DOMESTIC VIOLENCE
VICTIM STATUS, AS DEFINED IN SECTION TWO HUNDRED TWENTY-SEVEN-D OF THE
REAL PROPERTY LAW. IT SHALL BE A DEFENSE TO A PROCEEDING TO RECOVER
POSSESSION OF A RESIDENTIAL UNIT THAT A LANDLORD SEEKS SUCH RECOVERY
BECAUSE OF A PERSON'S DOMESTIC VIOLENCE VICTIM STATUS, AND THAT, BUT FOR
SUCH STATUS, THE LANDLORD WOULD NOT SEEK TO RECOVER POSSESSION. A LAND-
LORD MAY REBUT SUCH DEFENSE BY SHOWING THAT HE OR SHE SEEKS TO RECOVER
POSSESSION OF A RESIDENTIAL UNIT BECAUSE OF ANY OTHER LAWFUL GROUND.
2. NOTHING IN THIS SECTION SHALL RESTRICT A LANDLORD'S LEGAL RIGHTS TO
RECOVER POSSESSION OF A RESIDENTIAL UNIT ON GROUNDS NOT BASED ON OR
DERIVED FROM DOMESTIC VIOLENCE VICTIM STATUS.
3. A LANDLORD SHALL NOT BE CIVILLY LIABLE TO OTHER TENANTS, GUESTS,
INVITEES, OR LICENSEES ARISING FROM REASONABLE AND GOOD FAITH EFFORTS TO
COMPLY WITH THIS SECTION.
4. THIS SECTION SHALL NOT APPLY TO BUILDINGS USED FOR DWELLING
PURPOSES THAT ARE OWNER OCCUPIED AND HAVE TWO OR FEWER RESIDENTIAL
UNITS.
S 3. There is hereby established a task force to study the impact of
source of income on access to housing including, but not limited to, any
sex-based impact. The task force shall consist of the following members
as appointed by the governor: (1) two members of the governor's cabinet;
(2) two experts on housing policy representing the needs of both land-
lords and tenants; (3) two members who are local government officials,
who shall each represent different geographical regions within the
state; (4) two members on the recommendation of the temporary president
of the senate; and (5) two members on the recommendation of the speaker
of the assembly. The governor shall designate a chair of the task force
from amongst such appointees. The task force shall meet as often as is
appropriate under circumstances necessary to fulfill its duties under
this section. The task force shall (a) review the Section 8 Housing
Choice Voucher Administrative Plan and, if necessary, recommend modifi-
cations to increase the participation of landlords and property owners,
which may include, but shall not be limited to: expanding the portabil-
ity of Section 8 vouchers, including as may be appropriate for domestic
violence victims; creating a state-sponsored special-purpose mobility
counseling program; enhancing means of connecting voucher holders to
approved landlords; and eliminating delays in housing quality standard
inspections; and (b) review other current policies and laws and, if
necessary, recommend modifications to improve access to quality and
affordable housing. The task force shall submit its report and recommen-
dations to the governor, the temporary president of the senate, and the
speaker of the assembly on January 15, 2016.
S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, section or part
thereof directly involved in the controversy in which such judgment
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shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.