Assembly Bill A5538

2019-2020 Legislative Session

Creates a private right of action for landlords and employers who suffer actual losses as a result of domestic violence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A5538 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-a, RP L; add §10-d, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6887
2017-2018: A4283
2021-2022: A4879
2023-2024: A1791, A6011

2019-A5538 (ACTIVE) - Summary

Creates a private right of action for landlords and employers who suffer actual losses as a result of domestic violence.

2019-A5538 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5538
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced  by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
   ENBUSH, GIGLIO, HAWLEY, B. MILLER, ORTIZ -- read once and referred  to
   the Committee on Judiciary
 
 AN  ACT to amend the real property law and the labor law, in relation to
   creating a private right of action for  landlords  and  employers  who
   suffer actual losses as a result of domestic violence
 
   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
 238-a to read as follows:
   §  238-A.    PRIVATE RIGHT OF ACTION FOR LANDLORDS WHO SUFFER ECONOMIC
 LOSSES AS A RESULT OF DOMESTIC  VIOLENCE.    ANY  LANDLORD  WHO  SUFFERS
 ECONOMIC  LOSSES  AS  A RESULT OF DOMESTIC VIOLENCE SHALL BE ENTITLED TO
 RECOVER DAMAGES FROM THE ABUSER.
   1. FOR THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC  LOSSES"  SHALL
 INCLUDE  PHYSICAL  DAMAGE TO THE RENTAL UNIT, DAMAGES RESULTING FROM THE
 BREACH OF A RENTAL CONTRACT WHERE THE TENANT VACATES THE RENTED PREMISES
 BECAUSE OF DOMESTIC VIOLENCE, AND ANY  OTHER  DAMAGES  TO  THE  LANDLORD
 CAUSED DIRECTLY OR INDIRECTLY BY THE ABUSER.
   2.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ABUSER" SHALL MEAN THE
 PERSON WHO PERPETRATED SUCH DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   § 2. The labor law is amended by adding a new section 10-d to read  as
 follows:
   §  10-D.  PRIVATE  RIGHT  OF  ACTION FOR EMPLOYERS WHO SUFFER ECONOMIC
 LOSSES AS A RESULT OF DOMESTIC  VIOLENCE.    ANY  EMPLOYER  WHO  SUFFERS
 ECONOMIC  LOSSES  AS  A RESULT OF DOMESTIC VIOLENCE SHALL BE ENTITLED TO
 RECOVER DAMAGES FROM THE ABUSER.
   1. FOR THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC  LOSSES"  SHALL
 INCLUDE  EXPENSES  INCURRED  IN  HIRING  A TEMPORARY WORKER TO COVER THE
 DUTIES NORMALLY PERFORMED BY THE EMPLOYEE WHO IS OUT OF WORK BECAUSE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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