What's happening
This bill makes it illegal for landlords or real estate agents in New York to deny housing based on a person’s landlord-tenant court history, except for unsatisfied court orders.
Why it matters
Protects tenants from being denied housing solely due to their history in landlord-tenant court. , which helps prevent the long-term impact of being placed on so-called "tenant blacklists"—these lists often include people who went to court even if they won or settled their cases.
Reduces the power imbalance between landlords and tenants. by ensuring that participation in legal proceedings to assert one's rights (such as contesting an eviction or seeking repairs) cannot automatically be used to deny future housing, encouraging tenants to stand up for themselves without fear of retribution affecting their housing prospects.
Narrow exception for unsatisfied court orders. means that only tenants who have not complied with a court-ordered obligation (such as unpaid rent after a court decision) can be denied housing based on court history, which aims to balance landlord interests while still protecting most tenants from blanket discrimination.
Expands anti-discrimination protections to cover court involvement. alongside existing protections for race, gender, and other statuses, signaling a recognition by the state that access to housing should not be limited by attempts to exercise legal rights or address disputes through the courts.
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Who cares
Headline styles
Ban Tenant Blacklists
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2184
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to a tenant blacklist
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 296 of the executive law is amended by adding a new paragraph (a-1) to read as follows:
(a-1) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations to refuse to sell, rent or lease or otherwise deny or withhold from any person or group of persons such a housing accommodation on the basis that such person or group of persons were involved in past, ongoing or current landlord-tenant action or summary proceeding emanating from article seven of the real property law, except where the tenant or group of tenants have not satisfied the order.
§ 2. Subdivision 3-b of section 296 of the executive law, as amended by chapter 106 of the laws of 2003, is amended to read as follows:
3-b. It shall be an unlawful discriminatory practice for any real estate broker, real estate salesperson or employee or agent thereof or any other individual, corporation, partnership or organization for the purpose of inducing a real estate transaction from which any such person or any of its stockholders or members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sexual orientation, military status, sex, disability, past, ongoing or current landlord-tenant action or summary proceeding emanating from article seven of the real property law, marital status, or familial status of the owners or occupants in the block, neighborhood or area in which the real property
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07258-01-7
S. 2184 2
is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools or other facilities.
§ 3. Paragraph (a) of subdivision 5 of section 296 of the executive law is amended by adding a new subparagraph 1-a to read as follows:
(1-a) It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of, or any other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof, to refuse to sell, rent or lease or otherwise deny or withhold from any person or group of persons such a housing accommodation on the basis that such person or group of persons were involved in past, ongoing or current landlord-tenant action or summary proceeding emanating from article seven of the real property law, except where the tenant or group of tenants have not satisfied the order.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to a tenant blacklist
Purpose or general idea of bill
To prohibit tenant blacklisting the practice by which landlords deny housing to potential tenants because the tenant has been involved in landlord-tenant litigation.
Summary of specific provisions
Section 1 amends subdivision 2 of § 296 of the Executive Law adding a new paragraph a-1 to prohibit discrimination in public housing against potential tenants who have been, or are currently, involved in a land-lord-tenant action or summary proceeding, except where tenant has not complied with a court order.
Section 2 amends subdivision 3-b of § 296 of the Executive Law to include landlord-tenant actions on the list of prohibited discriminatory behavior.
Section 3 amends paragraph a of subdivision 5 of § 296 of the Executive Law, adding a new subparagraph 1-a to prohibit discrimination against potential tenants who have been, or are currently involved in a landlord-tenant action or summary proceeding, except where a tenant has not complied with a court order.
Justification
When tenants are involved in any landlord-tenant action, whether to assert their own legal rights or for other reasons, they thereafter find themselves on a blacklist that keeps them from being able to secure future housing.
Tenant blacklisting occurs when a tenant screening bureau purchases electronic data about landlord-tenant actions from the court system. The bureaus then compile the information into a list that they provide to landlords conducting investigations about potential tenants.
This legislation would address tenant blacklisting by classifying it as illegal discriminatory behavior. Tenant screening bureaus will be prohibited from using Court records to form a tenant blacklist. Tenants would no longer fear that asserting their legal rights would inhibit them from finding housing in the future.
Prior legislative history
2016: Died in Investigations and Government Operations, 2015: Died in Investigations and Government Operations
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.