Bill Text: NY S06760 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits the owner, agent or operator of a multiple dwelling from hiring as a building superintendent, managing agent, or resident manager any person who is registered as a level two or level three sex offender in New York state, and provides that sexual harassment of a tenant by any owner, agent or operator of a multiple dwelling or for any employee or contractor of such owner, agent or operator constitutes a violation of the warranty of habitability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S06760 Detail]

Download: New_York-2009-S06760-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6760
                                   I N  S E N A T E
                                   February 3, 2010
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       AN  ACT  to  amend the multiple dwelling law, in relation to prohibiting
         the owner, agent or operator of a multiple dwelling from hiring  as  a
         building  superintendent,  managing  agent,  or  resident  manager any
         person who is registered as a level two or level three sex offender in
         New York state, and to amend the real property  law,  in  relation  to
         providing  that  sexual  harassment of a tenant by any owner, agent or
         operator of a multiple dwelling or any employee or contractor of  such
         owner,  agent  or  operator constitutes a violation of the warranty of
         habitability
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  multiple  dwelling  law  is  amended by adding a new
    2  section 309-b to read as follows:
    3    S 309-B. PROHIBITED HIRING. 1.   AN OWNER,  AGENT  OR  OPERATOR  OF  A
    4  MULTIPLE  DWELLING SHALL NOT HIRE AS A BUILDING SUPERINTENDENT, MANAGING
    5  AGENT, OR RESIDENT MANAGER ANY PERSON WHO IS REGISTERED AS A  LEVEL  TWO
    6  OR LEVEL THREE SEX OFFENDER IN NEW YORK STATE.
    7    2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, NO TENANT
    8  SHALL BE REQUIRED TO GIVE ACCESS TO HIS OR HER APARTMENT TO  ANY  PERSON
    9  WHO IS A REGISTERED SEX OFFENDER.
   10    S 2. The real property law is amended by adding a new section 235-g to
   11  read as follows:
   12    S  235-G. SEXUAL HARASSMENT. 1. IT SHALL BE UNLAWFUL AND SHALL CONSTI-
   13  TUTE A VIOLATION OF THE WARRANTY OF HABITABILITY FOR ANY OWNER, AGENT OR
   14  OPERATOR OF A MULTIPLE DWELLING OR FOR ANY  EMPLOYEE  OR  CONTRACTOR  OF
   15  SUCH  OWNER,  AGENT OR OPERATOR TO SUBJECT ANY TENANT OF THE BUILDING TO
   16  SEXUAL HARASSMENT.
   17    2. AS USED IN THIS SECTION:
   18    (A) "TENANT" MEANS A PERSON OR BUSINESS OCCUPYING OR RESIDING  AT  THE
   19  PREMISES PURSUANT TO A WRITTEN LEASE OR OTHER RENTAL AGREEMENT; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15632-03-0
       S. 6760                             2
    1    (B)  "SEXUAL  HARASSMENT"  MEANS  UNWELCOME SEXUAL ADVANCES, UNWELCOME
    2  REQUESTS FOR SEXUAL FAVORS,  AND  OTHER  UNWELCOME  VERBAL  OR  PHYSICAL
    3  CONDUCT OF A SEXUAL NATURE.
    4    3. A TENANT MAY APPLY TO THE SUPREME COURT FOR AN ORDER ENJOINING ACTS
    5  OR  PRACTICES  WHICH CONSTITUTE HARASSMENT UNDER SUBDIVISION ONE OF THIS
    6  SECTION; AND UPON SUFFICIENT SHOWING, THE  SUPREME  COURT  MAY  ISSUE  A
    7  TEMPORARY OR PERMANENT INJUNCTION, RESTRAINING ORDER OR OTHER ORDER, ALL
    8  OF  WHICH  MAY,  AS  THE  COURT  DETERMINES IN THE EXERCISE OF ITS SOUND
    9  DISCRETION, BE GRANTED WITHOUT BOND. IN THE EVENT  THE  COURT  ISSUES  A
   10  PRELIMINARY  INJUNCTION IT SHALL MAKE PROVISION FOR AN EXPEDITIOUS TRIAL
   11  OF THE UNDERLYING ACTION.
   12    4. THE POWERS AND REMEDIES SET FORTH IN THIS SECTION SHALL BE IN ADDI-
   13  TION TO ALL OTHER POWERS AND REMEDIES IN RELATION TO HARASSMENT  INCLUD-
   14  ING  THE  AWARD  OF  DAMAGES. NOTHING CONTAINED IN THIS SECTION SHALL BE
   15  CONSTRUED TO AMEND, REPEAL, MODIFY OR AFFECT ANY EXISTING LOCAL  LAW  OR
   16  ORDINANCE,  OR  PROVISION  OF  THE CHARTER OR ADMINISTRATIVE CODE OF THE
   17  CITY OF NEW YORK, OR TO LIMIT OR RESTRICT THE POWER OF THE CITY TO AMEND
   18  OR MODIFY ANY EXISTING LOCAL LAW, ORDINANCE OR PROVISION OF THE  CHARTER
   19  OR  ADMINISTRATIVE  CODE,  OR  TO  RESTRICT OR LIMIT ANY POWER OTHERWISE
   20  CONFERRED BY LAW WITH RESPECT TO HARASSMENT.
   21    5. ANY AGREEMENT BY A TENANT IN A WRITTEN LEASE OR OTHER RENTAL AGREE-
   22  MENT WAIVING OR MODIFYING HIS OR HER RIGHTS AS SET FORTH IN THIS SECTION
   23  SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   24    S 3. This act shall take effect immediately.