Bill Text: NY S00987 | 2011-2012 | General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00987 Detail]

Download: New_York-2011-S00987-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          987
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       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 registered as a level two or level three sex offender in
         New York state, 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
         owner,  agent  or  operator constitutes a violation of the warranty of
         habitability
         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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04986-01-1
       S. 987                              2
    1  SUCH  OWNER,  AGENT OR OPERATOR TO SUBJECT ANY TENANT OF THE BUILDING TO
    2  SEXUAL HARASSMENT.
    3    2. AS USED IN THIS SECTION:
    4    (A)  "TENANT"  MEANS A PERSON OR BUSINESS OCCUPYING OR RESIDING AT THE
    5  PREMISES PURSUANT TO A WRITTEN LEASE OR OTHER RENTAL AGREEMENT; AND
    6    (B) "SEXUAL HARASSMENT" MEANS  UNWELCOME  SEXUAL  ADVANCES,  UNWELCOME
    7  REQUESTS  FOR  SEXUAL  FAVORS,  AND  OTHER  UNWELCOME VERBAL OR PHYSICAL
    8  CONDUCT OF A SEXUAL NATURE.
    9    3. A TENANT MAY APPLY TO THE SUPREME COURT FOR AN ORDER ENJOINING ACTS
   10  OR PRACTICES WHICH CONSTITUTE SEXUAL HARASSMENT UNDER SUBDIVISION ONE OF
   11  THIS SECTION; AND UPON SUFFICIENT SHOWING, THE SUPREME COURT MAY ISSUE A
   12  TEMPORARY OR PERMANENT INJUNCTION, RESTRAINING ORDER OR OTHER ORDER, ALL
   13  OF WHICH MAY, AS THE COURT DETERMINES  IN  THE  EXERCISE  OF  ITS  SOUND
   14  DISCRETION,  BE  GRANTED  WITHOUT  BOND. IN THE EVENT THE COURT ISSUES A
   15  PRELIMINARY INJUNCTION IT SHALL MAKE PROVISION FOR AN EXPEDITIOUS  TRIAL
   16  OF THE UNDERLYING ACTION.
   17    4. THE POWERS AND REMEDIES SET FORTH IN THIS SECTION SHALL BE IN ADDI-
   18  TION  TO  ALL OTHER POWERS AND REMEDIES IN RELATION TO SEXUAL HARASSMENT
   19  INCLUDING THE AWARD OF DAMAGES. NOTHING CONTAINED IN THIS SECTION  SHALL
   20  BE  CONSTRUED  TO AMEND, REPEAL, MODIFY OR AFFECT ANY EXISTING LOCAL LAW
   21  OR ORDINANCE, OR PROVISION OF THE CHARTER OR ADMINISTRATIVE CODE OF  THE
   22  CITY  OF  NEW YORK, OR TO LIMIT OR RESTRICT THE POWER OF THE CITY OF NEW
   23  YORK TO AMEND OR MODIFY ANY EXISTING LOCAL LAW, ORDINANCE  OR  PROVISION
   24  OF THE CHARTER OR ADMINISTRATIVE CODE, OR TO RESTRICT OR LIMIT ANY POWER
   25  OTHERWISE CONFERRED BY LAW WITH RESPECT TO SEXUAL HARASSMENT.
   26    5. ANY AGREEMENT BY A TENANT IN A WRITTEN LEASE OR OTHER RENTAL AGREE-
   27  MENT WAIVING OR MODIFYING HIS OR HER RIGHTS AS SET FORTH IN THIS SECTION
   28  SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   29    S 3. This act shall take effect immediately.