Prohibits retaliation by landlords against tenants and other legal occupants who operate group family day care homes and family day care homes pursuant to section 390 of the social services law.
STATE OF NEW YORK
________________________________________________________________________
8243--B
2011-2012 Regular Sessions
IN ASSEMBLY
June 8, 2011
___________
Introduced by M. of A. CASTRO, JAFFEE, P. RIVERA, STEVENSON, GIBSON,
CRESPO, COOK, LINARES, ROBERTS, WEPRIN -- Multi-Sponsored by -- M. of
A. JACOBS, WRIGHT -- read once and referred to the Committee on Hous-
ing -- 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 committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the real property law, in relation to prohibiting retal-
iation by landlords against legal occupants who operate certain family
day care homes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 4 of section 223-b of the real prop-
2 erty law, as amended by chapter 584 of the laws of 1991, are amended to
3 read as follows:
4 1. No landlord of premises or units to which this section is applica-
5 ble shall serve a notice to quit upon any tenant or commence any action
6 to recover real property or summary proceeding to recover possession of
7 real property in retaliation for:
8 a. A good faith complaint, by or in behalf of the tenant, to a govern-
9 mental authority of the landlord's alleged violation of any health or
10 safety law, regulation, code, or ordinance, or any law or regulation
11 which has as its objective the regulation of premises used for dwelling
12 purposes or which pertains to the offense of rent gouging in the third,
13 second or first degree; or
14 b. Actions taken in good faith, by or in behalf of the tenant, to
15 secure or enforce any rights under the lease or rental agreement, under
16 section two hundred thirty-five-b of this chapter, or under any other
17 law of the state of New York, or of its governmental subdivisions, or of
18 the United States which has as its objective the regulation of premises
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13013-06-2
A. 8243--B 2
1 used for dwelling purposes or which pertains to the offense of rent
2 gouging in the third, second or first degree; or
3 c. The tenant's participation in the activities of a tenant's organ-
4 ization; or
5 d. The tenant's or other legal occupant's operation of a group family
6 day care home or family day care home pursuant to section three hundred
7 ninety of the social services law.
8 2. No landlord or premises or units to which this section is applica-
9 ble shall substantially alter the terms of the tenancy in retaliation
10 for any actions set forth in paragraphs a, b, [and] c, and d of subdivi-
11 sion one of this section. Substantial alteration shall include, but is
12 not limited to, the refusal to continue a tenancy of the tenant or, upon
13 expiration of the tenant's lease, to renew the lease or offer a new
14 lease; provided, however, that a landlord shall not be required under
15 this section to offer a new lease or a lease renewal for a term greater
16 than one year and after such extension of a tenancy for one year shall
17 not be required to further extend or continue such tenancy.
18 4. In any action to recover real property or summary proceeding to
19 recover possession of real property, judgment shall be entered for the
20 tenant if the court finds that the landlord is acting in retaliation for
21 any action set forth in paragraphs a, b, [and] c, and d of subdivision
22 one of this section and further finds that the landlord would not other-
23 wise have commenced such action or proceeding. Retaliation shall be
24 asserted as an affirmative defense in such action or proceeding. The
25 tenant shall not be relieved of the obligation to pay any rent for which
26 he is otherwise liable.
27 § 2. This act shall take effect immediately.
