Assembly Bill A7026

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7026
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Housing
 
 AN  ACT  to  amend  the real property law and the public housing law, in
   relation to ensuring safe  housing  transfers  for  domestic  violence
   victims
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "safe hous-
 ing transfer for domestic violence victims act".
   § 2. Legislative findings  and  intent.  The  legislature  finds  that
 domestic  violence  victims  face  significant barriers to securing safe
 housing.  While existing law permits early  lease  termination,  victims
 often  face challenges finding new affordable housing. This act seeks to
 expand protections by allowing landlords of affordable  housing  proper-
 ties  to  offer  safe  relocation  options to domestic violence victims,
 ensuring housing stability while prioritizing victim safety.
   § 3. Subdivision 6 of section 227-c of the real property law is renum-
 bered subdivision 7 and a new subdivision 6 is added to read as follows:
   6. RIGHT TO RELOCATION FOR DOMESTIC VIOLENCE VICTIMS. (A) (I) A TENANT
 WHO IS A VICTIM OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN SECTION
 FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES  LAW,  SHALL  HAVE  THE
 RIGHT  TO  REQUEST A TRANSFER TO ANOTHER DWELLING UNIT OWNED OR OPERATED
 BY THE SAME LANDLORD WITHIN A REASONABLE GEOGRAPHIC  PROXIMITY,  SUBJECT
 TO AVAILABILITY.
   (II)  LANDLORDS SHALL PRIORITIZE TRANSFER REQUESTS UNDER THIS SUBDIVI-
 SION OVER NON-EMERGENCY TENANT TRANSFERS AND VACANCIES  FOR  NEW  APPLI-
 CANTS.
   (III)  LANDLORDS  SHALL NOT RETALIATE AGAINST A TENANT WHO REQUESTS TO
 RELOCATE UNDER THIS SUBDIVISION BY TAKING  ANY  ADVERSE  ACTION  AGAINST
 SUCH  TENANT  INCLUDING,  BUT  NOT  LIMITED TO, EVICTION, HARASSMENT, OR
 DENIAL OF LEASE RENEWAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10214-01-5
              

 A. 7026                             2
 
   (B) A TENANT SHALL SUBMIT A WRITTEN REQUEST FOR RELOCATION UNDER  THIS
 SUBDIVISION WHICH SHALL INCLUDE:
   (I) A COURT-ISSUED ORDER OF PROTECTION;
   (II)  A  POLICE  REPORT  DOCUMENTING  AN INCIDENT OF DOMESTIC VIOLENCE
 WHERE THE TENANT IS THE VICTIM IN THE INCIDENT; OR
   (III) A STATEMENT FROM  A  QUALIFIED  SERVICE  PROVIDER,  HEALTH  CARE
 PROFESSIONAL, OR SOCIAL WORKER VERIFYING THE TENANT'S STATUS AS A VICTIM
 OF DOMESTIC VIOLENCE.
   (C)  (I) A LANDLORD SHALL RESPOND TO A RELOCATION REQUEST SUBMITTED IN
 ACCORDANCE WITH THIS SUBDIVISION WITHIN FIFTEEN DAYS OF  RECEIVING  SUCH
 REQUEST  AND  SHALL INCLUDE A LIST OF AVAILABLE DWELLING UNITS AND THEIR
 FAIR MARKET VALUE RENT.
   (A) FOR EQUIVALENT DWELLING UNITS, THE LANDLORD SHALL OFFER SUCH UNITS
 WITHOUT REQUIRING ADDITIONAL SECURITY  DEPOSITS,  APPLICATION  FEES,  OR
 INCREASED RENT BEYOND THE STANDARD ALLOWABLE RENT FOR THE NEW UNITS.
   (B)  FOR  DWELLING  UNITS  WHICH  ARE  NOT  EQUIVALENT TO THE TENANT'S
 CURRENT UNIT, THE LANDLORD SHALL OFFER SUCH UNITS AT FAIR  MARKET  VALUE
 INCLUDING  ANY ADDITIONAL SECURITY DEPOSITS NECESSARY; HOWEVER, NO ADDI-
 TIONAL APPLICATION FEES SHALL BE CHARGED.
   (II) WHERE A LANDLORD DOES NOT HAVE ANY OTHER AVAILABLE DWELLING UNITS
 WITHIN THEIR HOUSING PORTFOLIO, THE LANDLORD MAY DENY THE REQUEST WITHIN
 FIFTEEN DAYS OF RECEIVING SUCH  REQUEST  AND  SHALL  INCLUDE  A  WRITTEN
 EXPLANATION  FOR  SUCH  DENIAL  AND  REFERENCES  TO  ALTERNATIVE HOUSING
 RESOURCES.
   (D) WHEN A LANDLORD VIOLATES THE PROVISIONS  OF  THIS  SUBDIVISION,  A
 TENANT  MAY  FILE A COMPLAINT WITH THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL WHO SHALL INVESTIGATE SUCH COMPLAINT AND ENFORCE THE  PROVISIONS
 OF THIS SUBDIVISION.
   § 4. Section 14 of the public housing law is amended by adding two new
 subdivisions 8 and 9 to read as follows:
   8.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS, RULES AND POLICIES
 WHICH PROVIDE FOR THE RIGHTS OF TENANTS  WHO  ARE  VICTIMS  OF  DOMESTIC
 VIOLENCE,  AS  SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A
 OF THE SOCIAL SERVICES LAW, TO REQUEST AN EMERGENCY TRANSFER TO  ANOTHER
 DWELLING  UNIT  OPERATED  BY  THE  SAME  OR  A COMPARABLE PUBLIC HOUSING
 PROJECT.
   (A) A TENANT SHALL SUBMIT A WRITTEN REQUEST FOR AN EMERGENCY  TRANSFER
 UNDER  THIS  SUBDIVISION  TO  THEIR  PUBLIC  HOUSING PROJECT WHICH SHALL
 INCLUDE:
   (I) A COURT-ISSUED ORDER OF PROTECTION;
   (II) A POLICE REPORT DOCUMENTING  AN  INCIDENT  OF  DOMESTIC  VIOLENCE
 WHERE THE TENANT IS THE VICTIM IN THE INCIDENT; OR
   (III)  A  STATEMENT  FROM  A  QUALIFIED  SERVICE PROVIDER, HEALTH CARE
 PROFESSIONAL, OR SOCIAL WORKER VERIFYING THE TENANT'S STATUS AS A VICTIM
 OF DOMESTIC VIOLENCE.
   (B) (I) A PUBLIC HOUSING PROJECT SHALL RESPOND TO AN EMERGENCY  TRANS-
 FER REQUEST SUBMITTED IN ACCORDANCE WITH THIS SUBDIVISION WITHIN FIFTEEN
 DAYS  OF  RECEIVING  SUCH  REQUEST AND SHALL INCLUDE A LIST OF AVAILABLE
 DWELLING UNITS AND THEIR FAIR MARKET VALUE RENT.
   (A) FOR EQUIVALENT DWELLING UNITS, THE PUBLIC  HOUSING  PROJECT  SHALL
 OFFER  SUCH UNITS WITHOUT REQUIRING ADDITIONAL SECURITY DEPOSITS, APPLI-
 CATION FEES, OR INCREASED RENT BEYOND THE STANDARD  ALLOWABLE  RENT  FOR
 THE NEW UNITS.
   (B)  FOR  DWELLING  UNITS  WHICH  ARE  NOT  EQUIVALENT TO THE TENANT'S
 CURRENT UNIT, THE PUBLIC HOUSING PROJECT SHALL OFFER SUCH UNITS AT  FAIR
 A. 7026                             3
 
 MARKET  VALUE  INCLUDING  ANY  ADDITIONAL  SECURITY  DEPOSITS NECESSARY;
 HOWEVER, NO ADDITIONAL APPLICATION FEES SHALL BE CHARGED.
   (II)  WHERE A PUBLIC HOUSING PROJECT DOES NOT HAVE ANY OTHER AVAILABLE
 DWELLING UNITS  WITHIN  THEIR  HOUSING  PORTFOLIO,  THE  PUBLIC  HOUSING
 PROJECT  MAY  DENY  THE  REQUEST  WITHIN  FIFTEEN DAYS OF RECEIVING SUCH
 REQUEST AND SHALL INCLUDE A WRITTEN  EXPLANATION  FOR  SUCH  DENIAL  AND
 REFERENCES TO COMPARABLE PUBLIC HOUSING PROJECTS.
   9.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS, RULES AND POLICIES
 WHICH PROVIDE FOR THE RIGHTS OF TENANTS  WHO  ARE  VICTIMS  OF  DOMESTIC
 VIOLENCE,  AS  SUCH TERM IS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A
 OF THE SOCIAL SERVICES LAW, UNDER SECTION TWO HUNDRED TWENTY-SEVEN-C  OF
 THE REAL PROPERTY LAW.
   §  5.  This act shall take effect immediately and shall apply to lease
 agreements signed on or after such effective date.