S T A T E O F N E W Y O R K
________________________________________________________________________
6011
2023-2024 Regular Sessions
I N A S S E M B L Y
March 30, 2023
___________
Introduced by M. of A. MAHER, GOODELL -- 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-b to read as follows:
§ 238-B. 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
DOMESTIC VIOLENCE OR INCIDENTS STEMMING FROM DOMESTIC VIOLENCE; THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06073-01-3
A. 6011 2
REASONABLE COST OF REPLACING AN EMPLOYEE WHO RESIGNED AS A RESULT OF
DOMESTIC VIOLENCE, ANY INCREASE IN UNEMPLOYMENT COSTS ATTRIBUTABLE TO
DOMESTIC VIOLENCE AND ANY OTHER DAMAGES RESULTING FROM SUCH DOMESTIC
VIOLENCE.
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.
§ 3. This act shall take effect immediately.