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A04879 Summary:

BILL NOA04879
 
SAME ASNo Same As
 
SPONSORGoodell
 
COSPNSR
 
MLTSPNSRBlankenbush, Giglio JM, Hawley, Miller B
 
Add §238-b, RP L; add §10-d, Lab L
 
Creates a private right of action for landlords and employers who suffer actual losses as a result of domestic violence.
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A04879 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4879
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
          ENBUSH, J. M. GIGLIO, HAWLEY, B. MILLER -- read once and  referred  to
          the Committee 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-b to read as follows:
     3    §  238-b.    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    § 2. The labor law is amended by adding a new section 10-d to read  as
    16  follows:
    17    §  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08950-01-1

        A. 4879                             2
 
     1  domestic  violence  or  incidents  stemming  from domestic violence; the
     2  reasonable cost of replacing an employee who resigned  as  a  result  of
     3  domestic  violence,  any  increase in unemployment costs attributable to
     4  domestic  violence  and  any  other damages resulting from such domestic
     5  violence.
     6    2. For the purposes of this section the term "abuser" shall  mean  the
     7  person who perpetrated such domestic violence as defined in section four
     8  hundred fifty-nine-a of the social services law.
     9    § 3. This act shall take effect immediately.
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