Bill Text: NY A01692 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires landlords to replace a lock on a tenant's dwelling door within 24 hours of an alleged domestic violence incident; provides civil penalties for violations in relation thereto.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - referred to housing [A01692 Detail]
Download: New_York-2023-A01692-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1692 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. L. 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: 1 Section 1. The real property law is amended by adding a new section 2 238-b to read as follows: 3 § 238-b. Rights of tenants to a new door lock when domestic violence 4 is alleged. 1. A tenant who has a lock installed and maintained by the 5 landlord in the entrance door of his or her dwelling and is a victim of 6 an alleged domestic violence incident may request such lock be replaced 7 within twenty-four hours of such alleged domestic violence incident. Any 8 such landlord who receives a request pursuant to this subdivision shall 9 comply with the request within twenty-four hours of such alleged domes- 10 tic violence incident. Proof of an alleged domestic violence incident 11 shall include but not be limited to a police report, a restraining order 12 or any other court document or signed attestation alleging a domestic 13 violence incident involving the tenant. 14 2. A landlord who violates the provisions of this section shall be 15 subject to a civil penalty in an amount to be as follows: 16 (a) one hundred dollars for failure to replace such lock within twen- 17 ty-four hours of the alleged domestic violence incident; 18 (b) two hundred fifty dollars for failure to replace such lock within 19 forty-eight hours of the alleged domestic violence incident; and 20 (c) five hundred dollars for each subsequent twenty-four hours after 21 the initial forty-eight hours since the alleged domestic violence inci- 22 dent until such lock is replaced. 23 § 2. Section 51-c of the multiple dwelling law, as added by chapter 24 806 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. LBD05764-01-3A. 1692 2 1 § 51-c. Rights of tenants to install and maintain locks in certain 2 entrance doors. 1. Every tenant of a multiple dwelling, except a tenant 3 of a multiple dwelling under the supervision and control of a municipal 4 housing authority, occupied by him or her, except as a hotel or motel, 5 or college or school dormitory, shall have the right to install and 6 maintain or cause to be installed and maintained in the entrance door of 7 his or her particular housing unit in such multiple dwelling, a lock, 8 separate and apart from any lock installed and maintained by the owner 9 of such multiple dwelling, not more than three inches in circumference, 10 as an ordinary incident to his or her tenancy, provided that a duplicate 11 key to such lock shall be supplied to the landlord or his or her agent 12 upon his or her request; and every provision of any lease hereafter made 13 or entered into which reserves or provides for the payment by such 14 tenant of any additional rent, bonus, fee or other charge or any other 15 thing of value for the right or privilege of installing and/or maintain- 16 ing any such lock, shall be deemed to be void as against public policy 17 and wholly unenforceable. 18 2. (a) A tenant who has a lock installed and maintained by the owner 19 of a multiple dwelling in the entrance door of his or her particular 20 housing unit in such multiple dwelling, except a tenant of a multiple 21 dwelling under the supervision and control of a municipal housing 22 authority, and is a victim of an alleged domestic violence incident may 23 request such lock be replaced within twenty-four hours of such alleged 24 domestic violence incident. Any such owner of a multiple dwelling who 25 receives a request pursuant to this subdivision shall comply with the 26 request within twenty-four hours of such alleged domestic violence inci- 27 dent. Proof of an alleged domestic violence incident shall include but 28 not be limited to a police report, a restraining order or any other 29 court document or signed attestation alleging a domestic violence inci- 30 dent involving a tenant. 31 (b) An owner of a multiple dwelling who violates the provisions of 32 this subdivision shall be subject to a civil penalty in an amount to be 33 as follows: 34 (i) one hundred dollars for failure to replace such lock within twen- 35 ty-four hours of the alleged domestic violence incident; 36 (ii) two hundred fifty dollars for failure to replace such lock within 37 forty-eight hours of the alleged domestic violence incident; and 38 (iii) five hundred dollars for each subsequent twenty-four hours after 39 the initial forty-eight hours since the alleged domestic violence inci- 40 dent until such lock is replaced. 41 § 3. This act shall take effect immediately.
