Assembly Bill A1640

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1640
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, TAYLOR -- 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 THEIR 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03946-01-5
              

 A. 1640                             2
 
   § 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
 housing  authority,  occupied by [him] SUCH TENANT, 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] THEIR 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  circum-
 ference, as an ordinary incident to [his] THEIR tenancy, provided that a
 duplicate  key  to  such lock shall be supplied to the landlord or [his]
 SUCH LANDLORD'S agent upon [his] 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 maintaining 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 THEIR 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 WITH-
 IN TWENTY-FOUR HOURS OF SUCH ALLEGED DOMESTIC VIOLENCE  INCIDENT.  PROOF
 OF AN ALLEGED DOMESTIC VIOLENCE INCIDENT SHALL INCLUDE BUT NOT BE LIMIT-
 ED  TO  A POLICE REPORT, A RESTRAINING ORDER OR ANY OTHER COURT DOCUMENT
 OR SIGNED ATTESTATION ALLEGING A DOMESTIC VIOLENCE INCIDENT 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.