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A4283Assembly2017-2018 Session

Let Landlords Sue Abusers

Official title

“Creates a private right of action for landlords and employers who suffer actual losses as a result of domestic violence”

Sponsor Andrew GoodellAD-150+1 co-sponsorAffects Legal
Status
In Assembly Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows landlords and employers to sue abusers for economic losses resulting from incidents of domestic violence.

Why it matters

  1. Shifts financial responsibility for domestic violence-related losses from landlords and employers to the abuser. , potentially reducing reluctance among property owners and businesses to rent to or hire domestic violence survivors due to fear of financial loss.

  2. Could incentivize landlords and employers to support survivors. (for example, by allowing early lease termination or granting leave), knowing they have legal recourse to recover their losses from the perpetrator rather than absorbing the costs themselves.

  3. Raises important questions about the practicality and ethics of suing abusers. , especially considering many abusers may lack the resources to pay damages; could also impact the dynamics between survivors, landlords, and employers during and after incidents of domestic violence.

  4. Expands the legal consequences for abusers. beyond criminal or family court penalties, introducing potential civil liability for the wider economic effects of their actions on third parties.

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Who cares

Headline styles

Let Landlords Sue Abusers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew Goodell

Assembly Member · Assembly District 150

1 Co-sponsor

History

  1. Held for consideration in judiciary
  2. Referred to judiciary
  3. Referred to judiciary

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4283

2017-2018 Regular Sessions

IN ASSEMBLY

February 2, 2017

Introduced by M. of A. GOODELL -- read once and referred to the Committee on Judiciary

AN ACT to amend the real property law and the labor law, in relation to creating a private right of action for landlords and employers who suffer actual losses as a result of domestic violence

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

Section 1. The real property law is amended by adding a new section 238-a to read as follows:

§ 238-a. Private right of action for landlords who suffer economic losses as a result of domestic violence. Any landlord who suffers economic losses as a result of domestic violence shall be entitled to recover damages from the abuser.

1. For the purposes of this section the term "economic losses" shall include physical damage to the rental unit, damages resulting from the breach of a rental contract where the tenant vacates the rented premises because of domestic violence, and any other damages to the landlord caused directly or indirectly by the abuser.

2. For the purposes of this section the term "abuser" shall mean the person who perpetrated such domestic violence as defined in section four hundred fifty-nine-a of the social services law.

§ 2. The labor law is amended by adding a new section 10-d to read as follows:

§ 10-d. Private right of action for employers who suffer economic losses as a result of domestic violence. Any employer who suffers economic losses as a result of domestic violence shall be entitled to recover damages from the abuser.

1. For the purposes of this section the term "economic losses" shall include expenses incurred in hiring a temporary worker to cover the duties normally performed by the employee who is out of work because of domestic violence or incidents stemming from domestic violence; the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09130-01-7

A. 4283 2

reasonable cost of replacing an employee who resigned as a result of domestic violence, any increase in unemployment costs attributable to domestic violence and any other damages resulting from such domestic violence.

2. For the purposes of this section the term "abuser" shall mean the person who perpetrated such domestic violence as defined in section four hundred fifty-nine-a of the social services law.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.