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A01791 Summary:

BILL NOA01791
 
SAME ASNo Same As
 
SPONSORGoodell
 
COSPNSRBrabenec, Brown K, Manktelow, Hawley, Lemondes, Bendett, Tague, Maher, DeStefano
 
MLTSPNSR
 
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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A01791 Actions:

BILL NOA01791
 
01/23/2023referred to judiciary
03/22/2023enacting clause stricken
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A01791 Committee Votes:

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A01791 Floor Votes:

There are no votes for this bill in this legislative session.
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A01791 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1791
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee 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
    24  domestic violence or incidents  stemming  from  domestic  violence;  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06073-01-3

        A. 1791                             2
 
     1  reasonable  cost  of  replacing  an employee who resigned as a result of
     2  domestic violence, any increase in unemployment  costs  attributable  to
     3  domestic  violence  and  any  other damages resulting from such domestic
     4  violence.
     5    2.  For  the purposes of this section the term "abuser" shall mean the
     6  person who perpetrated such domestic violence as defined in section four
     7  hundred fifty-nine-a of the social services law.
     8    § 3. This act shall take effect immediately.
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