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A01640 Summary:

BILL NOA01640
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSRTaylor
 
MLTSPNSR
 
Add §238-b, RP L; amd §51-c, Mult Dwell L
 
Requires landlords to replace a lock on a tenant's dwelling door within 24 hours of an alleged domestic violence incident; provides civil penalties for violations in relation thereto.
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A01640 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1640
 
                               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
 
        AN ACT to amend the real property law and the multiple dwelling law,  in
          relation  to  requiring landlords to replace a lock on a tenant's door
          when domestic violence is alleged

          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. Rights of tenants to a new door lock when  domestic  violence
     4  is  alleged.  1. A tenant who has a lock installed and maintained by the
     5  landlord in the entrance door of their dwelling and is a  victim  of  an
     6  alleged  domestic  violence  incident  may request such lock be replaced
     7  within twenty-four hours of such alleged domestic violence incident. Any
     8  such landlord who receives a request pursuant to this subdivision  shall
     9  comply  with the request within twenty-four hours of such alleged domes-
    10  tic violence incident. Proof of an alleged  domestic  violence  incident
    11  shall include but not be limited to a police report, a restraining order
    12  or  any  other  court document or signed attestation alleging a domestic
    13  violence incident involving the tenant.
    14    2. A landlord who violates the provisions of  this  section  shall  be
    15  subject to a civil penalty in an amount to be as follows:
    16    (a)  one hundred dollars for failure to replace such lock within twen-
    17  ty-four hours of the alleged domestic violence incident;
    18    (b) two hundred fifty dollars for failure to replace such lock  within
    19  forty-eight hours of the alleged domestic violence incident; and
    20    (c)  five  hundred dollars for each subsequent twenty-four hours after
    21  the initial forty-eight hours since the alleged domestic violence  inci-
    22  dent until such lock is replaced.
    23    §  2.  Section  51-c of the multiple dwelling law, as added by chapter
    24  806 of the laws of 1968, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03946-01-5

        A. 1640                             2
 
     1    § 51-c. Rights of tenants to install and  maintain  locks  in  certain
     2  entrance  doors. 1. Every tenant of a multiple dwelling, except a tenant
     3  of a multiple dwelling under the supervision and control of a  municipal
     4  housing  authority,  occupied by [him] such tenant, except as a hotel or
     5  motel,  or  college or school dormitory, shall have the right to install
     6  and maintain or cause to be installed and  maintained  in  the  entrance
     7  door of [his] their particular housing unit in such multiple dwelling, a
     8  lock,  separate  and apart from any lock installed and maintained by the
     9  owner of such multiple dwelling, not more than three inches  in  circum-
    10  ference, as an ordinary incident to [his] their tenancy, provided that a
    11  duplicate  key  to  such lock shall be supplied to the landlord or [his]
    12  such landlord's agent upon [his] request; and  every  provision  of  any
    13  lease  hereafter made or entered into which reserves or provides for the
    14  payment by such tenant of any  additional  rent,  bonus,  fee  or  other
    15  charge  or  any  other  thing  of  value  for  the right or privilege of
    16  installing and/or maintaining any such lock, shall be deemed to be  void
    17  as against public policy and wholly unenforceable.
    18    2.  (a)  A tenant who has a lock installed and maintained by the owner
    19  of a multiple dwelling in the entrance door of their particular  housing
    20  unit  in  such multiple dwelling, except a tenant of a multiple dwelling
    21  under the supervision and control of a municipal housing authority,  and
    22  is  a  victim  of an alleged domestic violence incident may request such
    23  lock be replaced within  twenty-four  hours  of  such  alleged  domestic
    24  violence  incident. Any such owner of a multiple dwelling who receives a
    25  request pursuant to this subdivision shall comply with the request with-
    26  in twenty-four hours of such alleged domestic violence  incident.  Proof
    27  of an alleged domestic violence incident shall include but not be limit-
    28  ed  to  a police report, a restraining order or any other court document
    29  or signed attestation alleging a domestic violence incident involving  a
    30  tenant.
    31    (b)  An  owner  of  a multiple dwelling who violates the provisions of
    32  this subdivision shall be subject to a civil penalty in an amount to  be
    33  as follows:
    34    (i)  one hundred dollars for failure to replace such lock within twen-
    35  ty-four hours of the alleged domestic violence incident;
    36    (ii) two hundred fifty dollars for failure to replace such lock within
    37  forty-eight hours of the alleged domestic violence incident; and
    38    (iii) five hundred dollars for each subsequent twenty-four hours after
    39  the initial forty-eight hours since the alleged domestic violence  inci-
    40  dent until such lock is replaced.
    41    § 3. This act shall take effect immediately.
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