Bill Text: NY A06887 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates a private right of action for landlords and employers who suffer actual losses as a result of domestic violence.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-17 - held for consideration in judiciary [A06887 Detail]

Download: New_York-2015-A06887-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6887
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 8, 2015
                                      ___________
       Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
         tee 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:
    1    Section  1.  The  real property law is amended by adding a new section
    2  238-a to read as follows:
    3    S 238-A.  PRIVATE RIGHT OF ACTION FOR LANDLORDS  WHO  SUFFER  ECONOMIC
    4  LOSSES  AS  A  RESULT  OF  DOMESTIC VIOLENCE.   ANY LANDLORD WHO SUFFERS
    5  ECONOMIC LOSSES AS A RESULT OF DOMESTIC VIOLENCE SHALL  BE  ENTITLED  TO
    6  RECOVER DAMAGES FROM THE ABUSER.
    7    1.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC LOSSES" SHALL
    8  INCLUDE PHYSICAL DAMAGE TO THE RENTAL UNIT, DAMAGES RESULTING  FROM  THE
    9  BREACH OF A RENTAL CONTRACT WHERE THE TENANT VACATES THE RENTED PREMISES
   10  BECAUSE  OF  DOMESTIC  VIOLENCE,  AND  ANY OTHER DAMAGES TO THE LANDLORD
   11  CAUSED DIRECTLY OR INDIRECTLY BY THE ABUSER.
   12    2. FOR THE PURPOSES OF THIS SECTION THE TERM "ABUSER" SHALL  MEAN  THE
   13  PERSON WHO PERPETRATED SUCH DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR
   14  HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   15    S  2. The labor law is amended by adding a new section 10-d to read as
   16  follows:
   17    S 10-D. PRIVATE RIGHT OF ACTION  FOR  EMPLOYERS  WHO  SUFFER  ECONOMIC
   18  LOSSES  AS  A  RESULT  OF  DOMESTIC VIOLENCE.   ANY EMPLOYER WHO SUFFERS
   19  ECONOMIC LOSSES AS A RESULT OF DOMESTIC VIOLENCE SHALL  BE  ENTITLED  TO
   20  RECOVER DAMAGES FROM THE ABUSER.
   21    1.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC LOSSES" SHALL
   22  INCLUDE EXPENSES INCURRED IN HIRING A  TEMPORARY  WORKER  TO  COVER  THE
   23  DUTIES  NORMALLY PERFORMED BY THE EMPLOYEE WHO IS OUT OF WORK BECAUSE OF
   24  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.
                                                                  LBD10093-01-5
       A. 6887                             2
    1  REASONABLE  COST  OF  REPLACING  AN EMPLOYEE WHO RESIGNED AS A RESULT OF
    2  DOMESTIC VIOLENCE, ANY INCREASE IN UNEMPLOYMENT  COSTS  ATTRIBUTABLE  TO
    3  DOMESTIC  VIOLENCE  AND  ANY  OTHER DAMAGES RESULTING FROM SUCH DOMESTIC
    4  VIOLENCE.
    5    2.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ABUSER" SHALL MEAN THE
    6  PERSON WHO PERPETRATED SUCH DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR
    7  HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
    8    S 3. This act shall take effect immediately.