Assembly Bill A8871

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8871
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law and the multiple dwelling law,  in
   relation  to  requiring landlords to replace a lock on a tenant's door
   when domestic violence is alleged
 
   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-b to read as follows:
   § 238-B. RIGHTS OF TENANTS TO A NEW DOOR LOCK WHEN  DOMESTIC  VIOLENCE
 IS  ALLEGED.  1. A TENANT WHO HAS A LOCK INSTALLED AND MAINTAINED BY THE
 LANDLORD IN THE ENTRANCE DOOR OF HIS OR HER DWELLING AND IS A VICTIM  OF
 AN  ALLEGED DOMESTIC VIOLENCE INCIDENT MAY REQUEST SUCH LOCK BE REPLACED
 WITHIN TWENTY-FOUR HOURS OF SUCH ALLEGED DOMESTIC VIOLENCE INCIDENT. ANY
 SUCH LANDLORD WHO RECEIVES A REQUEST PURSUANT TO THIS SUBDIVISION  SHALL
 COMPLY  WITH THE REQUEST WITHIN TWENTY-FOUR HOURS OF SUCH ALLEGED DOMES-
 TIC VIOLENCE INCIDENT. PROOF OF AN ALLEGED  DOMESTIC  VIOLENCE  INCIDENT
 SHALL INCLUDE BUT NOT BE LIMITED TO A POLICE REPORT, A RESTRAINING ORDER
 OR  ANY  OTHER  COURT DOCUMENT OR SIGNED ATTESTATION ALLEGING A DOMESTIC
 VIOLENCE INCIDENT INVOLVING THE TENANT.
   2. A LANDLORD WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
 SUBJECT TO A CIVIL PENALTY IN AN AMOUNT TO BE AS FOLLOWS:
   (A)  ONE HUNDRED DOLLARS FOR FAILURE TO REPLACE SUCH LOCK WITHIN TWEN-
 TY-FOUR HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT;
   (B) TWO HUNDRED FIFTY DOLLARS FOR FAILURE TO REPLACE SUCH LOCK  WITHIN
 FORTY-EIGHT HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT; AND
   (C)  FIVE  HUNDRED DOLLARS FOR EACH SUBSEQUENT TWENTY-FOUR HOURS AFTER
 THE INITIAL FORTY-EIGHT HOURS SINCE THE ALLEGED DOMESTIC VIOLENCE  INCI-
 DENT UNTIL SUCH LOCK IS REPLACED.
   §  2.  Section  51-c of the multiple dwelling law, as added by chapter
 806 of the laws of 1968, is amended to read as follows:
   § 51-c. Rights of tenants to install and  maintain  locks  in  certain
 entrance  doors. 1. Every tenant of a multiple dwelling, except a tenant
 of a multiple dwelling under the supervision and control of a  municipal
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13852-01-1
 A. 8871                             2
 
 housing  authority,  occupied by him OR HER, except as a hotel or motel,
 or college or school dormitory, shall have  the  right  to  install  and
 maintain or cause to be installed and maintained in the entrance door of
 his  OR  HER  particular housing unit in such multiple dwelling, a lock,
 separate and apart from any lock installed and maintained by  the  owner
 of  such multiple dwelling, not more than three inches in circumference,
 as an ordinary incident to his OR HER tenancy, provided that a duplicate
 key to such lock shall be supplied to the landlord or his OR  HER  agent
 upon his OR HER request; and every provision of any lease hereafter made
 or  entered  into  which  reserves  or  provides for the payment by such
 tenant of any additional rent, bonus, fee or other charge or  any  other
 thing of value for the right or privilege of installing and/or maintain-
 ing  any  such lock, shall be deemed to be void as against public policy
 and wholly unenforceable.
   2. (A) A TENANT WHO HAS A LOCK INSTALLED AND MAINTAINED BY  THE  OWNER
 OF  A  MULTIPLE  DWELLING  IN THE ENTRANCE DOOR OF HIS OR HER PARTICULAR
 HOUSING UNIT IN SUCH MULTIPLE DWELLING, EXCEPT A TENANT  OF  A  MULTIPLE
 DWELLING  UNDER  THE  SUPERVISION  AND  CONTROL  OF  A MUNICIPAL HOUSING
 AUTHORITY, AND IS A VICTIM OF AN ALLEGED DOMESTIC VIOLENCE INCIDENT  MAY
 REQUEST  SUCH  LOCK BE REPLACED WITHIN TWENTY-FOUR HOURS OF SUCH ALLEGED
 DOMESTIC VIOLENCE INCIDENT. ANY SUCH OWNER OF A  MULTIPLE  DWELLING  WHO
 RECEIVES  A  REQUEST  PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH THE
 REQUEST WITHIN TWENTY-FOUR HOURS OF SUCH ALLEGED DOMESTIC VIOLENCE INCI-
 DENT. PROOF OF AN ALLEGED DOMESTIC VIOLENCE INCIDENT SHALL  INCLUDE  BUT
 NOT  BE  LIMITED  TO  A  POLICE REPORT, A RESTRAINING ORDER OR ANY OTHER
 COURT DOCUMENT OR SIGNED ATTESTATION ALLEGING A DOMESTIC VIOLENCE  INCI-
 DENT INVOLVING A TENANT.
   (B)  AN  OWNER  OF  A MULTIPLE DWELLING WHO VIOLATES THE PROVISIONS OF
 THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT TO  BE
 AS FOLLOWS:
   (I)  ONE HUNDRED DOLLARS FOR FAILURE TO REPLACE SUCH LOCK WITHIN TWEN-
 TY-FOUR HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT;
   (II) TWO HUNDRED FIFTY DOLLARS FOR FAILURE TO REPLACE SUCH LOCK WITHIN
 FORTY-EIGHT HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT; AND
   (III) FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT TWENTY-FOUR HOURS AFTER
 THE INITIAL FORTY-EIGHT HOURS SINCE THE ALLEGED DOMESTIC VIOLENCE  INCI-
 DENT UNTIL SUCH LOCK IS REPLACED.
   § 3. This act shall take effect immediately.