STATE OF NEW YORK
________________________________________________________________________
5538
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
___________
Introduced by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
ENBUSH, GIGLIO, HAWLEY, B. MILLER, ORTIZ -- 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-a to read as follows:
3 § 238-a. 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.
LBD09023-01-9
A. 5538 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.
