Prohibits the hiring of a level 2 or level 3 sex offender as a building superintendent or resident manager, provides that sexual harassment of a tenant is violation of habitability

Summary of specific provisions

Section 1: Amends the multiple dwelling law by adding a new section 309-b, to require that an owner or operator of a multiple dwelling shall not hire 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; provides that no tenant shall be required to give access to his or her apartment to any person who is a registered sex offender.

Section 2: Amends the real property law by adding a new section 235-h, to provide that it shall be unlawful and shall constitute a violation of the warranty of habitability for any owner, agent, or operator of a multiple dwelling or any employee or contractor of such owner, agent, or operator to subject any tenant of the building to sexual harassment. Defines "tenant" and "sexual harassment" as used in this section and explains the process by which tenants may apply to the Supreme Court to seek a restraining or similar order in the case of sexual harassment.

Further stipulates that the powers and remedies set forth in this section shall be in addition to all other powers and remedies in relation to sexual harassment including the award of damages and do not limit or restrict existing local laws, ordinance, or provisions of New York City's administrative code. Any agreement by a tenant in a written lease or other rental agreement waiving or modifying his or her rights as set forth in this section shall be void as contrary to public policy.

Justification

Current laws and regulations require tenants in New York City and other jurisdictions to allow landlords access to their apartments, subject to certain restrictions, and permit landlords to seek eviction of tenants who unreasonably refuse such access (HMC § 27-2008; 28 RCNY

§ 25-101; 9 NYCRR § 2524.3 (e); NYCAC § 26-408 (a)(6); 9 NYCRR 2204.2 (a) (6)).

Additionally, the multiple dwelling law requires tenants who install their own locks to provide landlords with duplicate keys upon request (Multiple Dwelling Law § 51-c).

In practice, landlords may designate building superintendents, property managers, contractors, or other individuals to enter tenants' apartments for inspections or repairs, and/or to have possession of keys to residents' apartments. Tenants may have little or no information as to the identity and background of the people to whom they are required to allow access, and could be subject to eviction for "unreasonable" refusal to provide access should they object to the entry of an owner's agent. In these circumstances, tenants are vulnerable to the possibility that they may be required to provide access to persons who are sex offenders.

New York and other states have developed sex offender registration systems in order to provide the public and the police with information about the location of individuals who have been convicted of rape, sexual assault, and other sex offenses, as well as the risk that any particular offender might re-offend. However, many tenants do not regularly search the New York State Sex Offender Registry; additionally, some contractors or other agents employed by landlords may not appear in the database as being in proximity to the buildings in which they are doing work. What is more, landlords may use the threat of eviction to compel tenants to provide access even to persons who are known sex offenders.

For these reasons, it is important that the burden of ensuring that dangerous sex offenders are not employed so as to be able to gain access to tenants' apartments be placed on the landlords who might employ them. This legislation would forbid landlords from employing as superintendents, property managers, or other agents any level two or level three registered sex offenders. Additionally, it would permit tenants to deny access to any registered sex offenders without fear of eviction or other sanction.

While current law forbids landlords from harassing tenants, whether through physical or verbal abuse, willful denial of services, or multiple instances of frivolous litigation, it does not specifically protect tenants from sexual harassment by landlords or their agents. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature can be used to victimize tenants and to force them from their apartments. By defining sexual harassment as a breach of the warranty of habitability, this legislation gives tenants recourse against such behavior, allowing them to sue landlords who commit or allow their agents to commit sexually harassing acts.

Prior legislative history

2010 - S.6760 Referred to Housing- A.9858 Referred to Codes 2012 - S.987 Referred to Housing Committee

Fiscal implications

None.

Effective date

On the first of January next succeeding the date on which it shall have become law.