Bill Text: NY A09024 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 9024 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the owner, agent or operator of a multiple dwelling from hiring as a building superintendent, managing agent, or resident manager any person who is registered as a level two or level three sex offender in New York state, and provides that sexual harassment of a tenant by any owner, agent or operator of a multiple dwelling or for any employee or contractor of such owner, agent or operator constitutes a violation of the warranty of habitability.

Sponsorship: Slight Partisan Bill (Democrat 14-5)

Status: (Introduced - Dead) 2014-03-07 - referred to housing [A09024 Detail]

Download: New_York-2013-A09024-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9024
                                 I N  A S S E M B L Y
                                     March 7, 2014
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
         Committee on Housing
       AN ACT to amend the multiple dwelling law, in  relation  to  prohibiting
         the  owner,  agent or operator of a multiple dwelling from hiring as a
         building superintendent,  managing  agent,  or  resident  manager  any
         person  who  is designated as a level two or level three sex offender;
         and to amend the real property law,  in  relation  to  providing  that
         sexual  harassment  of  a  tenant by any owner, agent or operator of a
         multiple dwelling, or any employee or contractor  of  such  an  owner,
         agent  or  operator constitutes a violation of the warranty of habita-
         bility
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  multiple  dwelling  law  is  amended by adding a new
    2  section 309-b to read as follows:
    3    S 309-B. PROHIBITED HIRING. 1.   AN OWNER,  AGENT  OR  OPERATOR  OF  A
    4  MULTIPLE  DWELLING SHALL NOT HIRE AS A BUILDING SUPERINTENDENT, MANAGING
    5  AGENT OR RESIDENT MANAGER ANY PERSON WHO IS REGISTERED AS A LEVEL TWO OR
    6  LEVEL THREE SEX OFFENDER IN THIS STATE PURSUANT TO ARTICLE SIX-C OF  THE
    7  CORRECTION LAW.
    8    2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, NO TENANT
    9  SHALL BE REQUIRED TO GIVE ACCESS TO HIS OR HER APARTMENT TO  ANY  PERSON
   10  WHO IS A REGISTERED SEX OFFENDER.
   11    S 2. The real property law is amended by adding a new section 235-h to
   12  read as follows:
   13    S  235-H. SEXUAL HARASSMENT. 1. IT SHALL BE UNLAWFUL AND SHALL CONSTI-
   14  TUTE A VIOLATION OF THE WARRANTY OF HABITABILITY FOR ANY OWNER, AGENT OR
   15  OPERATOR OF A MULTIPLE DWELLING OR FOR ANY  EMPLOYEE  OR  CONTRACTOR  OF
   16  SUCH  OWNER,  AGENT OR OPERATOR TO SUBJECT ANY TENANT OF THE BUILDING TO
   17  SEXUAL HARASSMENT.
   18    2. AS USED IN THIS SECTION:
   19    (A) "TENANT" MEANS A PERSON OR BUSINESS OCCUPYING OR RESIDING  AT  THE
   20  PREMISES PURSUANT TO A WRITTEN LEASE OR OTHER RENTAL AGREEMENT; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01816-04-4
       A. 9024                             2
    1    (B)  "SEXUAL  HARASSMENT"  MEANS  UNWELCOME SEXUAL ADVANCES, UNWELCOME
    2  REQUESTS FOR SEXUAL FAVORS,  AND  OTHER  UNWELCOME  VERBAL  OR  PHYSICAL
    3  CONDUCT OF A SEXUAL NATURE.
    4    3. A TENANT MAY APPLY TO THE SUPREME COURT FOR AN ORDER ENJOINING ACTS
    5  OR PRACTICES WHICH CONSTITUTE SEXUAL HARASSMENT UNDER SUBDIVISION ONE OF
    6  THIS SECTION; AND UPON SUFFICIENT SHOWING, THE SUPREME COURT MAY ISSUE A
    7  TEMPORARY OR PERMANENT INJUNCTION, RESTRAINING ORDER OR OTHER ORDER, ALL
    8  OF  WHICH  MAY,  AS  THE  COURT  DETERMINES IN THE EXERCISE OF ITS SOUND
    9  DISCRETION, BE GRANTED WITHOUT BOND. IN THE EVENT  THE  COURT  ISSUES  A
   10  PRELIMINARY  INJUNCTION IT SHALL MAKE PROVISION FOR AN EXPEDITIOUS TRIAL
   11  OF THE UNDERLYING ACTION.
   12    4. THE POWERS AND REMEDIES SET FORTH IN THIS SECTION SHALL BE IN ADDI-
   13  TION TO ALL OTHER POWERS AND REMEDIES IN RELATION TO  SEXUAL  HARASSMENT
   14  INCLUDING  THE AWARD OF DAMAGES. NOTHING CONTAINED IN THIS SECTION SHALL
   15  BE CONSTRUED TO AMEND, REPEAL, MODIFY OR AFFECT ANY EXISTING  LOCAL  LAW
   16  OR  ORDINANCE, OR PROVISION OF THE CHARTER OR ADMINISTRATIVE CODE OF THE
   17  CITY OF NEW YORK, OR TO LIMIT OR RESTRICT THE POWER OF THE CITY  OF  NEW
   18  YORK  TO  AMEND OR MODIFY ANY EXISTING LOCAL LAW, ORDINANCE OR PROVISION
   19  OF SUCH CHARTER OR ADMINISTRATIVE CODE, OR  TO  RESTRICT  OR  LIMIT  ANY
   20  POWER OTHERWISE CONFERRED BY LAW WITH RESPECT TO SEXUAL HARASSMENT.
   21    5. ANY AGREEMENT BETWEEN A TENANT AND A LANDLORD IN A WRITTEN LEASE OR
   22  ANY OTHER RENTAL AGREEMENT WAIVING OR MODIFYING HIS OR HER RIGHTS AS SET
   23  FORTH  IN  THIS  SECTION SHALL BE VOID AS AGAINST AND CONTRARY TO PUBLIC
   24  POLICY.
   25    S 3. This act shall take effect on the first of January next  succeed-
   26  ing the date on which it shall have become a law.