S T A T E O F N E W Y O R K
________________________________________________________________________
2665--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 24, 2019
___________
Introduced by M. of A. LAVINE, LUPARDO, WEPRIN, L. ROSENTHAL, MOSLEY,
BRONSON, PEOPLES-STOKES, TITUS, ABINANTI, FAHY, WALKER, ZEBROWSKI,
RAIA, SEAWRIGHT, STECK, JAFFEE, GALEF, SOLAGES, OTIS, WEINSTEIN --
Multi-Sponsored by -- M. of A. PERRY, SIMON -- read once and referred
to the Committee on Judiciary -- reported and referred to the Commit-
tee on Codes -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the civil rights law, in relation to the right to call
for police and emergency assistance and providing victim protections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 9 and sections 90 and 91 of the civil rights law,
as renumbered by chapter 310 of the laws of 1962, are renumbered article
10 and sections 100 and 101, and a new article 9 is added to read as
follows:
ARTICLE 9
RIGHT TO CALL POLICE AND EMERGENCY
ASSISTANCE/VICTIM PROTECTIONS
SECTION 90. LEGISLATIVE FINDINGS.
91. RIGHT TO CALL FOR POLICE AND EMERGENCY ASSISTANCE; VICTIM
PROTECTIONS.
92. PROTECTIONS NOT APPLICABLE TO BREACHES OF LEASE, ILLICIT
ACTIVITIES OR OTHER VIOLATIONS OF LAW.
93. RIGHT OF PROPERTY OWNERS TO BE FREE OF PENALTY FOR RESPECT-
ING THE RIGHTS OF AN OCCUPANT TO REQUEST POLICE OR EMER-
GENCY ASSISTANCE.
94. LIMITATION ON RIGHT TO REQUEST POLICE OR EMERGENCY ASSIST-
ANCE PROHIBITED.
95. DEFENSES.
96. REMOVAL OF THE PERPETRATOR OF VIOLENCE WHILE ASSURING
CONTINUED OCCUPANCY BY VICTIM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04580-02-9
A. 2665--A 2
97. REMEDIES.
98. AVAILABILITY OF REMEDIES.
§ 90. LEGISLATIVE FINDINGS. NO VICTIM OF DOMESTIC VIOLENCE, OR OTHER
PERSON THREATENED WITH VIOLENCE OR IN JEOPARDY OF HARM, SHOULD FAIL TO
ACCESS POLICE OR EMERGENCY ASSISTANCE WHEN NEEDED BECAUSE OF THE FEAR
THAT DOING SO MAY RESULT IN LOSING THEIR HOUSING THROUGH EVICTION OR
OTHER ACTIONS TO REMOVE THEM FROM THE PROPERTY. SOME LOCAL LAWS OR POLI-
CIES HAVE THE EFFECT OF TREATING SUCH REQUESTS FOR POLICE OR EMERGENCY
AID AS A DISTURBANCE CONSTITUTING A "PUBLIC NUISANCE" OR OTHERWISE
TREATING THE INDIVIDUAL FACED WITH THE VIOLENCE AND IN NEED OF ASSIST-
ANCE AS AN UNDESIRABLE TENANT OR UNDESIRABLE INFLUENCE ON THE NEIGHBOR-
HOOD BASED UPON A CALL FOR HELP TO THEIR HOME. LEGISLATION IS NEEDED TO
ASSURE THAT VICTIMS OF VIOLENCE OR THREATS OF HARM OR VIOLENCE ARE NOT
PENALIZED IN RELATION TO ANY LAW ENFORCEMENT ACTIVITY AND INTERVENTION
NECESSARY TO ADDRESS OFFENDER ACCOUNTABILITY AND VICTIM SAFETY.
MUNICIPALITIES THROUGHOUT THE STATE HAVE INCREASINGLY BEGUN TO ADOPT
LOCAL LAWS AND ORDINANCES TO ADDRESS PUBLIC NUISANCES OR OTHER INTRU-
SIONS ON THE QUIET ENJOYMENT OF THEIR RESIDENTS AND COMMUNITIES. DESPITE
THEIR INTENT TO AID COMMUNITIES, OVERLY BROAD ORDINANCES HAVE INSTEAD
HAD A HARMFUL CHILLING EFFECT DETERRING VICTIMS OF VIOLENCE AND CRIME
FROM ACCESSING POLICE ASSISTANCE AND HAVE JEOPARDIZED PUBLIC SAFETY.
THEY ALSO CAN UNFAIRLY PENALIZE LANDLORDS WHEN THEIR TENANTS NEED EMER-
GENCY ASSISTANCE. COURTS IN NEW YORK AND OTHER STATES HAVE FOUND SUCH
PUBLIC ORDINANCES TO BE UNCONSTITUTIONAL BECAUSE OF THESE HARMS. MORE-
OVER, THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ISSUED GUID-
ANCE IN 2016 ON HOW THESE ORDINANCES CAN VIOLATE THE FAIR HOUSING ACT'S
PROHIBITIONS ON DISCRIMINATION BASED ON SEX, RACE, DISABILITY, AND
NATIONAL ORIGIN.
GIVEN THE NEGATIVE IMPACT THAT CERTAIN PROVISIONS HAVE ON THE COMMUNI-
TY AT LARGE, AND TO VICTIMS OF CRIME IN PARTICULAR, REMEDIAL LEGISLATION
IS NECESSARY THAT WILL BOTH PROTECT THE RIGHTS OF DOMESTIC VIOLENCE AND
CRIME VICTIMS AND OTHERS TO ACCESS ESSENTIAL POLICE AND EMERGENCY
ASSISTANCE, AS WELL AS PRESERVE THE LOCALITY'S RIGHT TO ADDRESS CONDUCT
THAT MAY UNDERMINE THE COMMUNITY'S SAFETY OR INTEGRITY.
THE LEGISLATURE THEREFORE FINDS THAT IT IS DESIRABLE TO CLARIFY THE
LAW IN THIS AREA IN ORDER TO PROTECT PEOPLE FROM VIOLENCE AND CRIME.
THE LEGISLATURE FURTHER FINDS THAT THERE IS A NEED TO ASSURE THAT
VICTIMS OF VIOLENCE, INCLUDING PERSONS THREATENED WITH HARM OR VIOLENCE,
HAVE A CLEAR RIGHT TO ACCESS ASSISTANCE TO PROTECT PERSONAL OR PUBLIC
SAFETY.
THE LEGISLATURE FURTHER FINDS THAT CLARIFICATION IN THIS AREA WILL
ADVANCE THE STATE'S INTEREST IN STOPPING CRIME AND FURTHER THE AIMS OF
PENAL LAWS THAT DEPEND ON CITIZENS TO REPORT INCIDENTS OF CRIME TO LAW
ENFORCEMENT.
THE LEGISLATURE FINALLY FINDS THAT THERE IS A NEED TO ASSURE THAT
PEOPLE WHO NEED EMERGENCY ASSISTANCE, INCLUDING PERSONS WITH DISABILI-
TIES, HAVE A CLEAR RIGHT TO ACCESS ASSISTANCE WITHOUT FEAR OF PENALTY OR
REPRISAL.
WITH THIS REMEDIAL LEGISLATION THE LEGISLATURE SPECIFICALLY INTENDS
THAT THE COVERAGE OF THIS ARTICLE INCLUDES, BUT IS NOT LIMITED TO, LAWS
OR ORDINANCES THAT USE ANY FORM OF CUMULATIVE POINT SYSTEM FOR THE
PURPOSE OF IDENTIFYING ANY PERSONS OR PROPERTIES WHO OR WHICH WOULD BE
SUBJECT TO MUNICIPAL ENFORCEMENT ACTION.
§ 91. RIGHT TO CALL FOR POLICE AND EMERGENCY ASSISTANCE; VICTIM
PROTECTIONS. 1. ANY PERSON WHO IS A VICTIM OF DOMESTIC VIOLENCE, AS
DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW,
A. 2665--A 3
OR WHO OTHERWISE BELIEVES THEY ARE IN NEED OF POLICE OR EMERGENCY
ASSISTANCE HAS THE RIGHT TO REQUEST SUCH ASSISTANCE AND TO BE FREE OF
ANY DIRECT OR INDIRECT PENALTY OR REPRISAL FOR ACCESSING ASSISTANCE, OR
BECAUSE THEY RESIDE AT A PROPERTY WHERE DOMESTIC VIOLENCE OR OTHER LAW
ENFORCEMENT OR EMERGENCY RESPONSE ACTIVITY OCCURRED. OTHER THAN AS
PROVIDED IN SECTION NINETY-TWO OF THIS ARTICLE, NO VICTIM OF CONDUCT
WHICH HAS BEEN USED AS THE GROUNDS FOR THE APPLICATION OF A LOCAL LAW OR
ORDINANCE ESTABLISHED FOR THE PURPOSE OF REGULATING NUISANCES SHALL BE
DIRECTLY OR INDIRECTLY PENALIZED, OR OTHERWISE SUBJECT TO REPRISAL BY
APPLICATION OF SUCH LOCAL LAW, INCLUDING BY TERMINATION OR REFUSAL TO
RENEW A TENANCY OR BY EVICTION. THESE PROTECTIONS SHALL ALSO EXTEND TO
ANY RESIDENTIAL OCCUPANT UPON WHOSE BEHALF A THIRD PARTY HAS CALLED FOR
POLICE OR EMERGENCY ASSISTANCE.
2. NO RESIDENTIAL OCCUPANT SHALL BE REQUIRED, EITHER ORALLY OR IN
WRITING, TO WAIVE RIGHTS UNDER THIS ARTICLE, AND ANY SUCH WAIVER SHALL
BE VOID AND UNENFORCEABLE.
§ 92. PROTECTIONS NOT APPLICABLE TO BREACHES OF LEASE, ILLICIT ACTIV-
ITIES OR OTHER VIOLATIONS OF LAW. THE PROTECTIONS OF THIS ARTICLE SHALL
NOT BE DEEMED TO PROHIBIT A MUNICIPALITY FROM ENFORCING AN ORDINANCE OR
LOCAL LAW, NOR RESTRICT A LANDLORD FROM TERMINATING, EVICTING OR REFUS-
ING TO RENEW A TENANCY, WHEN SUCH ACTION IS PREMISED UPON GROUNDS OTHER
THAN ACCESS OF POLICE OR EMERGENCY ASSISTANCE OR IS OTHERWISE PREMISED
ON CONDUCT UNRELATED TO THE RESIDENTIAL OCCUPANT'S STATUS AS A TARGET OR
VICTIM OF VIOLENCE OR HARM.
§ 93. RIGHT OF PROPERTY OWNERS TO BE FREE OF PENALTY FOR RESPECTING
THE RIGHTS OF AN OCCUPANT TO REQUEST POLICE OR EMERGENCY ASSISTANCE. NO
LANDLORD OR OTHER PROPERTY OWNER SHALL BE SUBJECT TO FINES OR LOSS OF
PERMITS OR LICENSES BY A MUNICIPALITY FOR FAILING TO PENALIZE OR TAKE
STEPS TO REMOVE AN OCCUPANT WHO HAS EXERCISED RIGHTS UNDER THIS ARTICLE.
§ 94. LIMITATION ON RIGHT TO REQUEST POLICE OR EMERGENCY ASSISTANCE
PROHIBITED. A MUNICIPALITY, MUNICIPAL AUTHORITY, LANDLORD OR PROPERTY
OWNER SHALL NOT PROHIBIT, RESTRICT, PENALIZE OR IN ANY OTHER WAY DIRECT-
LY OR INDIRECTLY LIMIT ANY PERSON'S EXERCISE OF RIGHTS UNDER THIS ARTI-
CLE AND ANY SUCH LIMITATION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
THE PROTECTIONS OF THIS PROHIBITION SHALL EXTEND TO ANY RESIDENTIAL
OCCUPANT UPON WHOSE BEHALF A THIRD PARTY HAS CALLED FOR POLICE OR EMER-
GENCY ASSISTANCE.
§ 95. DEFENSES. 1. IT IS A DEFENSE TO ANY JUDICIAL OR ADMINISTRATIVE
ACTION OR PROCEEDING TAKEN BY ANY MUNICIPALITY OR MUNICIPAL AUTHORITY
ENFORCING ANY LOCAL LAW OR ORDINANCE THAT THE ENFORCEMENT ACTION DIRECT-
LY OR INDIRECTLY PENALIZES A RESIDENTIAL OCCUPANT OR PROPERTY OWNER FOR
THE EXERCISE OF RIGHTS UNDER THIS ARTICLE. PRIOR TO INITIATION OF ANY
SUCH ENFORCEMENT ACTION OR PROCEEDING ALL PARTIES AND ANY RESIDENTIAL
OCCUPANT THAT MAY BE SO IMPACTED SHALL BE GIVEN WRITTEN NOTICE BY THE
MUNICIPALITY OF THE PROTECTIONS OF THIS ARTICLE AND SHALL HAVE THE RIGHT
TO BE HEARD IN THE ACTION OR PROCEEDING TO ADVANCE THE DEFENSES PROVIDED
BY THIS ARTICLE.
2. IT IS A DEFENSE IN ANY ACTION OR PROCEEDING BY A LANDLORD OR OTHER
OWNER OF REAL PROPERTY TO REGAIN POSSESSION OF THAT PROPERTY THAT THE
ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY PENALIZES A RESIDENTIAL
OCCUPANT FOR THE EXERCISE OF RIGHTS UNDER THIS ARTICLE. ANY RESIDENTIAL
OCCUPANT WHOSE RIGHT TO CONTINUED OCCUPANCY MAY BE IMPACTED BY THE
ACTION OR PROCEEDING SHALL BE GIVEN WRITTEN NOTICE OF THE ACTION OR
PROCEEDING AND THE PROTECTIONS OF THIS ARTICLE BY THE PARTY INITIATING
THE ACTION OR PROCEEDING. THE RESIDENTIAL OCCUPANT SHALL HAVE THE RIGHT
TO APPEAR AS A NECESSARY PARTY IN ACCORDANCE WITH THE PROVISIONS OF THE
A. 2665--A 4
CIVIL PRACTICE LAW AND RULES AND THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW IN ORDER TO ADVANCE THE DEFENSES PROVIDED BY THIS ARTI-
CLE.
§ 96. REMOVAL OF THE PERPETRATOR OF VIOLENCE WHILE ASSURING CONTINUED
OCCUPANCY BY VICTIM. ACTIONS INCLUDING TERMINATION, EVICTION OR REFUSAL
TO RENEW A LEASEHOLD INTEREST OR TERMINATION OF ANY OTHER FORM OF LAWFUL
OCCUPANCY THROUGH A JUDICIAL PROCEEDING MAY BE CARRIED OUT AGAINST THE
PERPETRATOR OF SUCH VIOLENCE OR HARM. NOTWITHSTANDING THE TERMS OF AN
EXISTING LEASE, WRITTEN OR ORAL, OR OTHER FORM OF OCCUPANCY AGREEMENT,
ANY PERSON WITH RIGHTS DESCRIBED IN SECTION NINETY-ONE OF THIS ARTICLE
SHALL HAVE THE RIGHT TO CONTINUE IN OCCUPANCY, AND THE COURT MAY SO
ORDER, FOR A TERM EQUIVALENT TO THE BALANCE OF THE ORIGINAL TERM AND
UNDER THE SAME TERMS AND CONDITIONS AS PROVIDED IN THE ORIGINAL LEASE OR
OCCUPANCY AGREEMENT.
§ 97. REMEDIES. ANY PERSON OR ENTITY AGGRIEVED BY A VIOLATION OF THE
PROTECTIONS CREATED BY THIS ARTICLE SHALL HAVE THE RIGHT TO BRING AN
ACTION OR SPECIAL PROCEEDING IN A COURT OF APPROPRIATE JURISDICTION TO
SEEK DAMAGES AND/OR DECLARATORY AND INJUNCTIVE RELIEF OR ANY OTHER REME-
DIES AS PROVIDED BY LAW WITH RESPECT TO SUCH VIOLATION. A PREVAILING
PLAINTIFF MAY BE ENTITLED TO AN AWARD OF COSTS AND ATTORNEY'S FEES.
§ 98. AVAILABILITY OF REMEDIES. SEEKING LEGAL REMEDIES OR RELIEF
UNDER THIS ARTICLE SHALL NOT DIMINISH OR IMPAIR THE RIGHT OF A PERSON TO
SEEK OR RECEIVE ANY OTHER RELIEF, REMEDY OR BENEFIT UNDER ANY OTHER
APPLICABLE LAW OR LEGAL PROCESS.
§ 2. This act shall take effect immediately and shall apply to all
pending actions and proceedings.