NY State Senate Bill 2017-S240

Senate Bill S240

2017-2018 Legislative Session

Prohibits landlords from refusing to deal with certain people solely because those people were involved in prior summary proceedings

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 04, 2017	referred to investigations and government operations

co-Sponsors

2017-S240 (ACTIVE) - Details

See Assembly Version of this Bill:: A3827
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4463, A8605
2013-2014: S1800, A1126
2015-2016: S3560, A613
2019-2020: S4465, A728
2021-2022: A462
2023-2024: A3984

2017-S240 (ACTIVE) - Summary

Prohibits landlords from refusing to deal with certain people solely because those people were involved in prior summary proceedings.

2017-S240 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S240

 TITLE OF BILL :

An act to amend the executive law, in relation to a tenant blacklist

 PURPOSE OR GENERAL IDEA OF BILL :

To prohibit tenant blacklisting the practice by which landlords deny
housing to potential tenants because the tenant has been involved in
landlord-tenant litigation.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision 2 of § 296 of the Executive Law adding a
new paragraph a-1 to prohibit discrimination in public housing against
potential tenants who have been, or are currently, involved in a
landlord-tenant action or summary proceeding, except where tenant has
not complied with a court order.

Section 2 amends subdivision 3-b of § 296 of the Executive Law to
include landlord-tenant actions on the list of prohibited
discriminatory behavior.

Section 3 amends paragraph a of subdivision 5 of § 296 of the
Executive Law, adding a new subparagraph 1-a to prohibit

discrimination against potential tenants who have been, or are
currently involved in a landlord-tenant action or summary proceeding,
except where a tenant has not complied with a court order.

 JUSTIFICATION :

When tenants are involved in any landlord-tenant action, whether to
assert their own legal rights or for other reasons, they thereafter
find themselves on a blacklist that keeps them from being able to
secure future housing.

Tenant blacklisting occurs when a tenant screening bureau purchases
electronic data about landlord-tenant actions from the court system.
The bureaus then compile the information into a list that they provide
to landlords conducting investigations about potential tenants.

This legislation would address tenant blacklisting by classifying it
as illegal discriminatory behavior. Tenant screening bureaus will be
prohibited from using Court records to form a tenant blacklist.
Tenants would no longer fear that asserting their legal rights would
inhibit them from finding housing in the future.

 PRIOR LEGISLATIVE HISTORY :

2016: Died in Investigations and Government Operations
2015: Died in Investigations and Government Operations

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S240 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    240
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation to a tenant blacklist

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  296  of the executive law is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  THE  OWNER,
 LESSEE,  SUBLESSEE,  ASSIGNEE,  OR  MANAGING  AGENT OF PUBLICLY-ASSISTED
 HOUSING ACCOMMODATIONS OR  OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR
 POSSESSION OF OR THE RIGHT TO RENT OR  LEASE    SUCH  ACCOMMODATIONS  TO
 REFUSE  TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM ANY
 PERSON OR GROUP OF PERSONS SUCH A HOUSING  ACCOMMODATION  ON  THE  BASIS
 THAT  SUCH  PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST, ONGOING OR
 CURRENT LANDLORD-TENANT ACTION  OR  SUMMARY  PROCEEDING  EMANATING  FROM
 ARTICLE SEVEN OF THE REAL PROPERTY LAW, EXCEPT WHERE THE TENANT OR GROUP
 OF TENANTS HAVE NOT SATISFIED THE ORDER.
   §  2.  Subdivision 3-b of section 296 of the executive law, as amended
 by chapter 106 of the laws of 2003, is amended to read as follows:
   3-b. It shall be an unlawful  discriminatory  practice  for  any  real
 estate  broker,  real estate salesperson or employee or agent thereof or
 any other individual, corporation, partnership or organization  for  the
 purpose of inducing a real estate transaction from which any such person
 or any of its stockholders or members may benefit financially, to repre-
 sent  that a change has occurred or will or may occur in the composition
 with respect to race, creed, color, national origin, sexual orientation,
 military status, sex, disability, PAST, ONGOING OR CURRENT LANDLORD-TEN-
 ANT ACTION OR SUMMARY PROCEEDING EMANATING FROM  ARTICLE  SEVEN  OF  THE
 REAL  PROPERTY  LAW, marital status, or familial status of the owners or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05099-01-7

 S. 240                              2
 
 occupants in the block, neighborhood or area in which the real  property
 is  located,  and to represent, directly or indirectly, that this change
 will or may result in undesirable consequences in the  block,  neighbor-
 hood  or  area  in which the real property is located, including but not
 limited to the lowering of property values, an increase in  criminal  or
 anti-social  behavior,  or  a decline in the quality of schools or other
 facilities.
   § 3. Paragraph (a) of subdivision 5 of section 296  of  the  executive
 law is amended by adding a new subparagraph 1-a to read as follows:
   (1-A)  IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
 LESSEE, SUBLESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR ANY  OTHER  PERSON
 HAVING  THE  RIGHT  TO  SELL,  RENT  OR  LEASE  A HOUSING ACCOMMODATION,
 CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE  THEREOF,  TO
 REFUSE  TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM ANY
 PERSON OR GROUP OF PERSONS SUCH A HOUSING  ACCOMMODATION  ON  THE  BASIS
 THAT  SUCH  PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST, ONGOING OR
 CURRENT LANDLORD-TENANT ACTION  OR  SUMMARY  PROCEEDING  EMANATING  FROM
 ARTICLE  SEVEN  OF  THE  REAL PROPERTY LAW,   EXCEPT WHERE THE TENANT OR
 GROUP OF TENANTS HAVE NOT SATISFIED THE ORDER.
   § 4. This act shall take effect immediately.

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Senate Bill S240

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Sponsored By

Michael Gianaris