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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9024
SPONSOR: Sepulveda TITLE OF BILL: 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 oper-
ator constitutes a violation of the warranty of habitability
PURPOSE OR GENERAL IDEA OF BILL:
To forbid owners of multiple dwellings from hiring dangerous sex offen-
ders as building superintendents or property managers; to permit tenants
to refuse access to registered sex offenders who may be employed by a
building owner; and to provide that sexual harassment of a tenant by any
building owner or agent thereof constitutes a violation of the warranty
of habitability.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the multiple dwelling law by adding a new section
309-b, to require that an owner or operator of a multiple dwelling shall
not hire 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; provides that no tenant shall be required to
give access to his or her apartment to any person who is a registered
sex offender.
Section 2: Amends the real property law by adding a new section 235-h,
to provide that it shall be unlawful and shall constitute a violation of
the warranty of habitability for any owner, agent, or operator of a
multiple dwelling or any employee or contractor of such owner, agent, or
operator to subject any tenant of the building to sexual harassment.
Defines "tenant" and "sexual harassment" as used in this section and
explains the process by which tenants may apply to the Supreme Court to
seek a restraining or similar order in the case of sexual harassment.
Further stipulates that the powers and remedies set forth in this
section shall be in addition to all other powers and remedies in
relation to sexual harassment including the award of damages and do not
limit or restrict existing local laws, ordinance, or provisions of New
York City's administrative code. Any agreement by a tenant in a written
lease or other rental agreement waiving or modifying his or her rights
as set forth in this section shall be void as contrary to public policy.
JUSTIFICATION:
Current laws and regulations require tenants in New York City and other
jurisdictions to allow landlords access to their apartments, subject to
certain restrictions, and permit landlords to seek eviction of tenants
who unreasonably refuse such access (HMC § 27-2008; 28 RCNY § 25-101; 9
NYCRR § 2524.3 (e); NYCAC § 26-408 (a)(6); 9 NYCRR § 2204.2 (a) (6)).
Additionally, the multiple dwelling law requires tenants who install
their own locks to provide landlords with duplicate keys upon request
(Multiple Dwelling Law § 51-c).
In practice, landlords may designate building superintendents, property
managers, contractors, or other individuals to enter tenants' apartments
for inspections or repairs, and/or to have possession of keys to resi-
dents' apartments. Tenants may have little or no information as to the
identity and background of the people to whom they are required to allow
access, and could be subject to eviction for "unreasonable" refusal to
provide access should they object to the entry of an owner's agent. In
these circumstances, tenants are vulnerable to the possibility that they
may be required to provide access to persons who are sex offenders.
New York and other states have developed sex offender registration
systems in order to provide the public and the police with information
about the location of individuals who have been convicted of rape, sexu-
al assault, and other sex offenses, as well as the risk that any partic-
ular offender might re-offend. However, many tenants do not regularly
search the New York State Sex Offender Registry; additionally, some
contractors or other agents employed by landlords may not appear in the
database as being in proximity to the buildings in which they are doing
work. What is more, landlords may use the threat of eviction to compel
tenants to provide access even to persons who are known sex offenders.
For these reasons, it is important that the burden of ensuring that
dangerous sex offenders are not employed so as to be able to gain access
to tenants' apartments be placed on the landlords who might employ them.
This legislation would forbid landlords from employing as superinten-
dents, property managers, or other agents any level two or level three
registered sex offenders. Additionally, it would permit tenants to deny
access to any registered sex offenders without fear of eviction or other
sanction.
While current law forbids landlords from harassing tenants, whether
through physical or verbal abuse, willful denial of services, or multi-
ple instances of frivolous litigation, it does not specifically protect
tenants from sexual harassment by landlords or their agents. Unwelcome
sexual advances, requests for sexual favors, and other verbal or phys-
ical conduct of a sexual nature can be used to victimize tenants and to
force them from their apartments. By defining sexual harassment as a
breach of the warranty of habitability, this legislation gives tenants
recourse against such behavior, allowing them to sue landlords who
commit or allow their agents to commit sexually harassing acts.
PRIOR LEGISLATIVE HISTORY:
2010 - S.6760 Referred to Housing- A.9858 Referred to Codes
2012 - S.987 Referred to Housing Committee
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
On the first of January next succeeding the date on which it shall have
become law.
