Bill Text: NY S02798 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Establishes it shall be unlawful for a person to have his or her application to rent or lease a residence to be denied due to a previous housing court proceeding; allows a person aggrieved to maintain a civil action.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S02798 Detail]

Download: New_York-2015-S02798-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2798
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 29, 2015
                                      ___________
       Introduced  by Sens. KRUEGER, HOYLMAN, SERRANO -- read twice and ordered
         printed, and when printed to be committed to the Committee on  Judici-
         ary
       AN  ACT  to  amend  the  real  property  law, in relation to prohibiting
         certain prior housing court proceedings from being considered by land-
         lords in the lease of property for residential purposes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Legislative intent. The legislature hereby finds that some
    2  landlords refuse to offer available units  because  prospective  tenants
    3  have  previously  been  party  to  a  judicial proceeding arising from a
    4  dispute between themselves and a prior landlord,  and  also  finds  that
    5  tenant  screening reports are also being used by some landlords to inap-
    6  propriately  blacklist  some  prospective  tenants.    The   legislature
    7  believes  that  a  tenant's prior appearance in a judicial proceeding is
    8  not worthy of consideration when a landlord is reviewing  a  prospective
    9  tenant's  application,  except under the limited circumstances permitted
   10  by this act.
   11    S 2. The real property law is amended by adding a new section 235-h to
   12  read as follows:
   13    S 235-H. UNLAWFUL REFUSAL TO RENT TO A PROSPECTIVE TENANT. 1. AS  USED
   14  IN THIS SECTION, THE TERMS:
   15    (A)  "HOUSING  ACCOMMODATION"  INCLUDES  ANY  BUILDING,  STRUCTURE, OR
   16  PORTION THEREOF WHICH IS USED OR OCCUPIED OR IS  INTENDED,  ARRANGED  OR
   17  DESIGNED  TO  BE  USED  OR  OCCUPIED, AS THE HOME, RESIDENCE OR SLEEPING
   18  PLACE OF ONE OR MORE HUMAN BEINGS.
   19    (B) "TENANT SCREENING REPORT" MEANS ANY WRITTEN, ORAL, OR OTHER COMMU-
   20  NICATION OF ANY INFORMATION BY A CONSUMER REPORTING AGENCY BEARING ON  A
   21  CONSUMER'S  CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARAC-
   22  TER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS,  HISTORY  OF  CONTACT
   23  WITH  ANY  HOUSING,  CIVIL  OR  CRIMINAL  COURT OF ANY STATE, OR MODE OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03733-01-5
       S. 2798                             2
    1  LIVING, WHICH IS USED FOR OR EXPECTED TO BE USED OR COLLECTED  IN  WHOLE
    2  OR  PART FOR THE PURPOSE OF SERVING AS A FACTOR IN EVALUATING A PROSPEC-
    3  TIVE TENANT.
    4    (C)  "PERSON"  MEANS  ANY  NATURAL  PERSON,  FIRM,  PARTNERSHIP, JOINT
    5  VENTURE, CORPORATION OR ASSOCIATION.
    6    (D) "CONSUMER REPORTING AGENCY" MEANS ANY  PERSON  WHO,  FOR  MONETARY
    7  FEES,  DUES,  OR  ON A COOPERATIVE NONPROFIT BASIS, REGULARLY ENGAGES IN
    8  WHOLE OR IN PART IN THE PRACTICE OF ASSEMBLING  OR  EVALUATING  CONSUMER
    9  CREDIT  INFORMATION OR OTHER INFORMATION ON CONSUMERS FOR THE PURPOSE OF
   10  FURNISHING CONSUMER REPORTS, TENANT SCREENING REPORTS OR OTHER  INVESTI-
   11  GATIVE CONSUMER REPORTS TO THIRD PARTIES.
   12    2.  IT  SHALL BE AN UNLAWFUL PRACTICE FOR ANY PERSON, BEING THE OWNER,
   13  LANDLORD, LESSEE, PROPRIETOR, MANAGER, SUPERINTENDENT, AGENT OR EMPLOYEE
   14  OF ANY HOUSING ACCOMMODATION TO DENY ANY PERSON'S APPLICATION TO RENT OR
   15  LEASE A UNIT INTENDED TO BE  USED  PRIMARILY  FOR  RESIDENTIAL  PURPOSES
   16  BASED,  WHOLLY OR IN PART, ON INFORMATION OBTAINED FROM A TENANT SCREEN-
   17  ING REPORT.  IT SHALL ALSO BE UNLAWFUL TO DO SO BASED ON ANY INFORMATION
   18  INDICATING THAT SUCH PERSON WAS A LITIGANT IN AN  ACTION  OR  PROCEEDING
   19  BROUGHT  UNDER ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDING
   20  LAW OR SECTION ONE HUNDRED TEN OF THE NEW YORK CITY CIVIL COURT  ACT  IN
   21  THE  SUPREME  COURT  OR  IN  THE HOUSING PART OF THE NEW YORK CITY CIVIL
   22  COURT, OR BASED ON ANY OF THE FACTS OR ALLEGED FACTS DERIVED FROM SUCH A
   23  PROCEEDING, UNLESS:
   24    (A) SUCH PERSON PREVIOUSLY APPEARED AS RESPONDENT OR DEFENDANT  IN  AN
   25  ACTION  TO  RECOVER  REAL  PROPERTY  OR  A SUMMARY PROCEEDING TO RECOVER
   26  POSSESSION OF REAL PROPERTY; AND
   27    (B) A JUDGE RULED IN FAVOR OF THE PETITIONER OR PLAINTIFF; AND
   28    (C) A WARRANT OF EVICTION WAS  ISSUED  AGAINST  SUCH  PERSON  IN  THAT
   29  ACTION OR PROCEEDING; AND
   30    (D) SUCH PERSON, HAD NOT ENTERED INTO A VOLUNTARY AGREEMENT, SUCH AS A
   31  STIPULATION,  CONSENT  DECREE,  OR  ANY  OTHER AGREEMENT CONSENTING TO A
   32  JUDGMENT OF POSSESSION.
   33    3. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION MAY MAINTAIN AN
   34  ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR:
   35    (A) AN INJUNCTION TO ENJOIN AND RESTRAIN SUCH UNLAWFUL PRACTICE;
   36    (B) ACTUAL DAMAGES SUSTAINED AS A RESULT OF SUCH UNLAWFUL PRACTICE;
   37    (C) COURT COSTS;
   38    (D) LEGAL FEES;
   39    (E) PUNITIVE DAMAGES AS DETERMINED BY THE TRIER OF FACT; AND
   40    (F) COMPENSATORY DAMAGES AS DETERMINED BY THE TRIER OF FACT.
   41    S 3. This act shall take effect immediately and  shall  apply  to  all
   42  landlord  tenant  relationships entered into or renewed on or after such
   43  date.