Requires landlords to replace a lock on a tenant's dwelling door within 24 hours of a request by a tenant who is a victim of domestic violence; provides civil penalties for violations in relation thereto.
STATE OF NEW YORK
________________________________________________________________________
1640--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, TAYLOR -- read once and referred to
the Committee on Housing -- recommitted to the Committee on Housing in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the real property law, in relation to requiring land-
lords to replace the lock on a tenant's door if requested by a tenant
who is a victim 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. Replacement door locks for victims of domestic violence. 1.
4 Where a tenant has a lock installed and maintained by their landlord for
5 the entrance door of their dwelling unit, and such tenant or a member of
6 such tenant's household is a victim of domestic violence, as defined by
7 section four hundred fifty-nine-a of the social services law, and
8 reasonably fears potential further domestic violence, such tenant may
9 request that the lock be replaced. A tenant requesting such an accommo-
10 dation shall provide an attestation in writing that they would like the
11 lock replaced due to their status as a victim of domestic violence and
12 that they reasonably fear potential further domestic violence. Any land-
13 lord who receives a request pursuant to this subdivision shall comply
14 with the request within twenty-four hours of receipt. A landlord may
15 request documentation demonstrating that the tenant or a member of the
16 tenant's household has been a victim of domestic violence. Such
17 documentation shall include, but not be limited to, a temporary or final
18 order of protection issued by a court of competent jurisdiction, or a
19 record, complaint, or report from a federal, state, or local law
20 enforcement agency of an act of domestic violence as described in
21 section four hundred fifty-nine-a of the social services law or a family
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03946-02-6
A. 1640--A 2
1 offense as described in section eight hundred twelve of the family court
2 act, or certifying that the tenant or a member of the tenant's household
3 has been subjected to domestic violence.
4 2. If a landlord fails to replace the lock within twenty-four hours of
5 a request being made, the tenant may change the lock without the land-
6 lord's permission and may deduct the cost from a future payment of rent.
7 If the tenant changes the lock, the tenant shall promptly provide a key
8 to the new lock to the landlord.
9 3. The landlord shall not require the tenant to pay any additional
10 rent, deposit or fee for the replacement of locks.
11 4. A landlord who violates the provisions of this section shall be
12 subject to a civil penalty in an amount to be as follows:
13 (a) one hundred dollars for failure to replace such lock within twen-
14 ty-four hours of the request;
15 (b) two hundred fifty dollars for failure to replace such lock within
16 forty-eight hours of the request; and
17 (c) five hundred dollars for each subsequent twenty-four hours after
18 the initial forty-eight hours since the request until such lock is
19 replaced.
20 5. This section shall only apply when the perpetrator is not a lawful
21 occupant of the dwelling unit for which the lock replacement request is
22 made.
23 § 2. This act shall take effect immediately.
