Requires landlords to check state sex offender registry when leasing to a new tenant or on notice of sublet, and to notify tenants with children of certain listings

BILL NUMBER:S2035

Title of bill

An act to amend the multiple dwelling law, in relation to landlord checks of the state sex offender registry and notification of certain tenants

Purpose or general idea of bill

Requires landlords to check state offender registry when leasing to a new tenant or on notice of sublet, and to notify tenants with children of any listing.

Summary of specific provisions

Section 1. The multiple dwelling law is amended by adding a new section 301-a to read as follows. 1. Landlords of multiple dwellings shall, within the first sixty days following: (a) execution of a lease with a new tenant or (b) notice of occupancy by a third party in interest to a leased unit, perform a check of such new tenant or subtenant in the sex offender registry maintained by the division of criminal justices.

2. If such new tenant or subtenant is listed in the registry, the landlord shall provide written notification of such findings to building tenants with children under the age of sixteen.

3. All leases offered to tenants in multiple dwellings shall contain notice advising tenants of the requirements.

4. No landlord shall be subject to any civil or criminal liability for damages for any discretionary decision to release relevant information pursuant to this section or for failing to release relevant information to this section, unless it is shown that such landlord acted with gross negligence or in bad faith. Section 2. Sets the effective date.

Justification

On May 8, 2001, 11-year-old Tamioua Gutierrez was found raped and murdered in the hallway of her Bronx apartment building. A 43-year-old neighbor was later charged with luring Tamiqua into his apartment, sexually assaulting her while holding a pillow over her face, and then dragging her unconscious body into the hallway and leaving her to die from her injuries.

This legislation will help prevent future crimes against children like Tamiqua by letting parents know when a known sexual predator moves into their building. The close quarters and shared common areas of in many apartment buildings often put children in closer contact with their fellow apartment dwellers than with a traditional neighbor. Despite this greater proximity, tenants do not ordinarily have access to the pertinent information about their fellow tenants that would enable then to check their identities against the sexual offender registry. In large apartment buildings, where tenants change frequently, keeping one's family safe can be even more difficult. This legislation also gives tenants the tools they need to perform their

own checks of new and existing neighbors to better safeguard their families against sexual predators.

Landlords, however, routinely collect personal information and perform a variety of other background inquiries before entering into a lease agreement with a prospective tenant. Requiring an additional check with the sexual offender registry imposes a relatively small burden on landlords but will make thousands of families safer in their own homes.

Prior legislative history

2009-10: S.5044/A.3709 (Koon) - Referred to Housing, Construction & Community Development 2007-08: A.1666 Referred to Housing/S.2842 Referred to Housing, Construction & Community Development 2005-06: A.971/S.2241 (Hassel-Thompson) 2007-08: A.1666/S.2842 (Hassel-Thompson) 2003-04: A.2630 (Klein)/S.4492 (Hassell-Thompson) 2001-02: A.9238 Referred to Housing

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to leases or subleases entered into or after such date.