Senate Bill S3485

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3485
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the  multiple  dwelling law, in relation to landlord
   checks of the state sex offender registry and notification of  certain
   tenants

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
 section 301-a to read as follows:
   §  301-A. SEX OFFENDER REGISTRY CHECK. 1. LANDLORDS OF MULTIPLE DWELL-
 INGS SHALL, WITHIN THE FIRST SIXTY DAYS FOLLOWING: (A)  EXECUTION  OF  A
 LEASE  WITH A NEW TENANT, OR (B) NOTICE OF OCCUPANCY BY A THIRD PARTY OR
 ADULT OCCUPANT IN INTEREST TO A LEASED UNIT, PERFORM A CHECK OF SUCH NEW
 TENANT, SUBTENANT OR ADULT OCCUPANT IN THE SEX OFFENDER  REGISTRY  MAIN-
 TAINED  BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION
 ONE HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW. LANDLORD ACCESS TO  THE
 REGISTRY  SHALL  BE THROUGH THE "900" TELEPHONE NUMBER MAINTAINED BY THE
 DIVISION OF CRIMINAL JUSTICE SERVICES, AND ACCORDING TO THE REQUIREMENTS
 FOR ACCESS AS SPECIFIED IN SECTION  ONE  HUNDRED  SIXTY-EIGHT-P  OF  THE
 CORRECTION  LAW  OR THROUGH THE INTERNET SITE MAINTAINED BY THE DIVISION
 OF CRIMINAL JUSTICE SERVICES.
   2. IF SUCH NEW TENANT, SUBTENANT OR ADULT OCCUPANT IS  LISTED  IN  THE
 REGISTRY AS A LEVEL THREE SEX OFFENDER, THE LANDLORD SHALL PROVIDE WRIT-
 TEN NOTIFICATION OF SUCH FINDING TO BUILDING TENANTS WITH CHILDREN UNDER
 THE  AGE  OF  SIXTEEN  WHETHER THE CHILDREN PERMANENTLY RESIDE WITH SUCH
 TENANT OR RESIDE FROM TIME TO TIME ON A TEMPORARY BASIS. IT SHALL BE THE
 TENANT'S DUTY TO NOTIFY THE LANDLORD OF THE AGES OF SUCH TENANT'S  CHIL-
 DREN.    A LANDLORD OF A MULTIPLE DWELLING SHALL PROVIDE A LIST OF NAMES
 OF CURRENT TENANTS, SUBTENANTS  OR  ADULT  OCCUPANTS  OF  SUCH  MULTIPLE
 DWELLING  TO  ANY TENANT IN SUCH MULTIPLE DWELLING, UPON REQUEST BY SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07566-01-1

 S. 3485                             2
 
 TENANT.  SUCH LIST SHALL NOT INCLUDE SPECIFIC APARTMENT NUMBERS OR ADDI-
 TIONAL INFORMATION.
   3. ALL LEASES OFFERED TO TENANTS IN MULTIPLE DWELLINGS SHALL CONTAIN A
 NOTICE,  CONSPICUOUSLY  SET  FORTH  THEREIN,  ADVISING  TENANTS  OF  THE
 REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
   4. NO LANDLORD SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR
 DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE  RELEVANT  INFORMATION
 PURSUANT  TO THIS SECTION OR FOR FAILING TO RELEASE RELEVANT INFORMATION
 PURSUANT TO THIS SECTION, UNLESS IT IS SHOWN THAT  SUCH  LANDLORD  ACTED
 WITH GROSS NEGLIGENCE OR IN BAD FAITH.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a  law  and  shall apply to leases or subleases
 entered into on or after such date.