Bill Text: NY S01801 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Prohibits retaliation by landlords against tenants and other legal occupants who operate group family day care homes and family day care homes pursuant to section 390 of the social services law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO JUDICIARY [S01801 Detail]

Download: New_York-2013-S01801-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1801
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the real property law, in relation to prohibiting retal-
         iation by landlords against legal occupants who operate certain family
         day  care  homes; and to amend the social services law, in relation to
         requiring family day care homes to carry certain insurance
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivisions 1, 2 and 4 of section 223-b of the real prop-
    2  erty law, as amended by chapter 584 of the laws of 1991, are amended  to
    3  read as follows:
    4    1.  No landlord of premises or units to which this section is applica-
    5  ble shall serve a notice to quit upon any tenant or commence any  action
    6  to  recover real property or summary proceeding to recover possession of
    7  real property in retaliation for:
    8    a. A good faith complaint, by or in behalf of the tenant, to a govern-
    9  mental authority of the landlord's alleged violation of  any  health  or
   10  safety  law,  regulation,  code,  or ordinance, or any law or regulation
   11  which has as its objective the regulation of premises used for  dwelling
   12  purposes  or which pertains to the offense of rent gouging in the third,
   13  second or first degree; or
   14    b. Actions taken in good faith, by or in  behalf  of  the  tenant,  to
   15  secure  or enforce any rights under the lease or rental agreement, under
   16  section two hundred thirty-five-b of this chapter, or  under  any  other
   17  law of the state of New York, or of its governmental subdivisions, or of
   18  the  United States which has as its objective the regulation of premises
   19  used for dwelling purposes or which pertains  to  the  offense  of  rent
   20  gouging in the third, second or first degree; or
   21    c.  The  tenant's participation in the activities of a tenant's organ-
   22  ization; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02222-02-3
       S. 1801                             2
    1    D. THE TENANT'S OR OTHER LEGAL OCCUPANT'S OPERATION OF A GROUP  FAMILY
    2  DAY  CARE HOME OR FAMILY DAY CARE HOME PURSUANT TO SECTION THREE HUNDRED
    3  NINETY OF THE SOCIAL SERVICES LAW.
    4    2.  No landlord or premises or units to which this section is applica-
    5  ble shall substantially alter the terms of the  tenancy  in  retaliation
    6  for any actions set forth in paragraphs a, b, [and] c, AND D of subdivi-
    7  sion  one  of this section. Substantial alteration shall include, but is
    8  not limited to, the refusal to continue a tenancy of the tenant or, upon
    9  expiration of the tenant's lease, to renew the  lease  or  offer  a  new
   10  lease;  provided,  however,  that a landlord shall not be required under
   11  this section to offer a new lease or a lease renewal for a term  greater
   12  than  one  year and after such extension of a tenancy for one year shall
   13  not be required to further extend or continue such tenancy.
   14    4. In any action to recover real property  or  summary  proceeding  to
   15  recover  possession  of real property, judgment shall be entered for the
   16  tenant if the court finds that the landlord is acting in retaliation for
   17  any action set forth in paragraphs a, b, [and] c, AND D  of  subdivision
   18  one of this section and further finds that the landlord would not other-
   19  wise  have  commenced  such  action  or proceeding. Retaliation shall be
   20  asserted as an affirmative defense in such  action  or  proceeding.  The
   21  tenant shall not be relieved of the obligation to pay any rent for which
   22  he is otherwise liable.
   23    S 2. Subparagraph (i) of paragraph (d) of subdivision 2 of section 390
   24  of  the  social  services  law, as amended by chapter 416 of the laws of
   25  2000, is amended to read as follows:
   26    (i) The office of children and family services shall promulgate  regu-
   27  lations for licensure and for registration of child day care pursuant to
   28  this  section.  Procedures  for  obtaining  a license or registration or
   29  renewing a license shall include a satisfactory inspection of the facil-
   30  ity by the office of children and family services prior to  issuance  of
   31  the  license or registration or renewal of the license AND SHALL INCLUDE
   32  A REQUIREMENT THAT ANY GROUP FAMILY DAY CARE HOME  OR  FAMILY  DAY  CARE
   33  HOME  OPERATING ON LEASED OR RENTED PREMISES SHALL OBTAIN INSURANCE THAT
   34  INSULATES THE PROPERTY OWNER FROM LIABILITY.
   35    S 3. This act shall take effect immediately.