Bill Text: NY A10407 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to protecting potential tenants with a criminal history; and relates to protecting public housing applicants with a criminal history.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-04 - referred to housing [A10407 Detail]

Download: New_York-2019-A10407-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10407

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing

        AN ACT to amend the executive law and the  administrative  code  of  the
          city  of  New  York,  in relation to potential tenants with a criminal
          history; and to amend the public housing law, in  relation  to  public
          housing applicants with a criminal history

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of  section  296  of  the  executive  law  is
     2  amended by adding a new paragraph (i) to read as follows:
     3    (i)  For  a  landlord or his or her agent to deny a potential tenant's
     4  application for rental based solely upon such potential tenant's  crimi-
     5  nal history.
     6    §  2.  Paragraphs (e) and (f) of subdivision 1 of section 8-107 of the
     7  administrative code of the city of New York, paragraph (e) as amended by
     8  local law number 63 of the city of New York for the year 2018, and para-
     9  graph (f) as amended by local law number 172 of the city of New York for
    10  the year 2019, are amended to read as follows:
    11    (e) For a landlord or his or her agent to deny  a  potential  tenant's
    12  application  for rental based solely upon such potential tenant's crimi-
    13  nal history.
    14    (f) The provisions of this  subdivision  and  subdivision  2  of  this
    15  section:  (i)  as  they  apply  to  employee benefit plans, shall not be
    16  construed to preclude an employer from observing the provisions  of  any
    17  plan covered by the federal employment retirement income security act of
    18  1974  that  is in compliance with applicable federal discrimination laws
    19  where the application of the provisions of  such  subdivisions  to  such
    20  plan would be preempted by such act; (ii) shall not preclude the varying
    21  of  insurance  coverages according to an employee's age; (iii) shall not
    22  be construed to affect any retirement policy or system that is permitted
    23  pursuant to paragraphs (e) and (f) of subdivision 3-a of section 296  of
    24  the  executive law; (iv) shall not be construed to affect the retirement
    25  policy or system of an employer where such policy or  system  is  not  a
    26  subterfuge to evade the purposes of this chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16339-01-0

        A. 10407                            2

     1    [(f)] (g) The provisions of this subdivision do not govern the employ-
     2  ment by an employer of the employer's parents, spouse, domestic partner,
     3  or children; provided, however, that such family members shall be count-
     4  ed as persons employed by an employer for the purposes of the definition
     5  of employer set forth in section 8-102.
     6    §  3.  Section 14 of the public housing law is amended by adding a new
     7  subdivision 8 to read as follows:
     8    8. The commissioner shall promulgate rules and regulations  for  state
     9  or  locally  funded  rental  subsidies  or affordable housing lotteries,
    10  which:
    11    (a) prohibit any state or locally funded rental subsidy or  affordable
    12  housing  lottery  from inquiring about   an applicant's criminal history
    13  before such  applicant has been found eligible for such  rental  subsidy
    14  or affordable housing lottery;
    15    (b) develop strict criteria under which only individuals with a crimi-
    16  nal  history  directly  relating to public safety may be denied a rental
    17  subsidy or affordable housing lottery based on such criminal history;
    18    (c) prohibit any sealed criminal  records  of  applicants  for  rental
    19  subsidies  or  affordable housing lotteries from being considered in the
    20  application process; and
    21    (d) allow applicants whose applications are rejected  to  appeal  such
    22  rejection.
    23    § 4. This act shall take effect on the one hundred twentieth day after
    24  it  shall have become a law. Effective immediately, the addition, amend-
    25  ment and/or repeal of any rule or regulation necessary for the implemen-
    26  tation of this act on its effective date are authorized to be  made  and
    27  completed on or before such effective date.
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