What's happening
The bill prohibits landlords from retaliating against tenants operating family day care homes and requires such homes on leased property to carry liability insurance for property owners.
Why it matters
Protects tenants who run family day care homes from being evicted or penalized by their landlord solely for operating such a business, potentially increasing access to child care in residential areas.
Clarifies that landlords cannot refuse to renew leases, alter lease terms, or otherwise retaliate against tenants specifically for operating a legal family or group family day care home, reinforcing tenant rights.
Requires family day care homes on rented property to carry insurance that shields property owners from liability, which may address landlord concerns about legal risk and encourage more landlords to allow these operations.
By supporting both tenant protections and property owner liability concerns, the bill aims to strike a balance that could make it easier for families to find child care options in rental housing, particularly in high-demand urban areas.
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Who cares
Headline styles
Protect Day Care Tenants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2335
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the real property law, in relation to prohibiting retaliation by landlords against legal occupants who operate certain family day care homes; and to amend the social services law, in relation to requiring family day care homes to carry certain insurance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1, 2 and 4 of section 223-b of the real property law, as amended by chapter 584 of the laws of 1991, are amended to read as follows:
1. No landlord of premises or units to which this section is applicable shall serve a notice to quit upon any tenant or commence any action to recover real property or summary proceeding to recover possession of real property in retaliation for:
a. A good faith complaint, by or in behalf of the tenant, to a governmental authority of the landlord's alleged violation of any health or safety law, regulation, code, or ordinance, or any law or regulation which has as its objective the regulation of premises used for dwelling purposes or which pertains to the offense of rent gouging in the third, second or first degree; or
b. Actions taken in good faith, by or in behalf of the tenant, to secure or enforce any rights under the lease or rental agreement, under section two hundred thirty-five-b of this chapter, or under any other law of the state of New York, or of its governmental subdivisions, or of the United States which has as its objective the regulation of premises used for dwelling purposes or which pertains to the offense of rent gouging in the third, second or first degree; or
c. The tenant's participation in the activities of a tenant's organization; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06977-01-7
S. 2335 2
d. The tenant's or other legal occupant's operation of a group family day care home or family day care home pursuant to section three hundred ninety of the social services law.
2. No landlord or premises or units to which this section is applicable shall substantially alter the terms of the tenancy in retaliation for any actions set forth in paragraphs a, b, [and] c, and d of subdivision one of this section. Substantial alteration shall include, but is not limited to, the refusal to continue a tenancy of the tenant or, upon expiration of the tenant's lease, to renew the lease or offer a new lease; provided, however, that a landlord shall not be required under this section to offer a new lease or a lease renewal for a term greater than one year and after such extension of a tenancy for one year shall not be required to further extend or continue such tenancy.
4. In any action to recover real property or summary proceeding to recover possession of real property, judgment shall be entered for the tenant if the court finds that the landlord is acting in retaliation for any action set forth in paragraphs a, b, [and] c, and d of subdivision one of this section and further finds that the landlord would not otherwise have commenced such action or proceeding. Retaliation shall be asserted as an affirmative defense in such action or proceeding. The tenant shall not be relieved of the obligation to pay any rent for which he is otherwise liable.
§ 2. Subparagraph (i) of paragraph (d) of subdivision 2 of section 390 of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows:
(i) The office of children and family services shall promulgate regulations for licensure and for registration of child day care pursuant to this section. Procedures for obtaining a license or registration or renewing a license shall include a satisfactory inspection of the facility by the office of children and family services prior to issuance of the license or registration or renewal of the license and shall include a requirement that any group family day care home or family day care home operating on leased or rented premises shall obtain insurance that insulates the property owner from liability.
§ 3. 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 real property law, in relation to prohibiting retaliation by landlords against legal occupants who operate certain family day care homes; and to amend the social services law, in relation to requiring family day care homes to carry certain insurance
Purpose
This bill addresses the concerns of landlords retaliating against tenants operating group and family day cares in their homes.
Summary of provisions
This legislation amends subdivisions 1, 2, and 4 of section 223-b of the real property law; and subdivision 2 of section 390 of the social services law.
Specifically, the bill would add the operation of a group family day care home or family day care home, pursuant to section 390 of the social services law, to the list of activities that a landlord could not engage in retaliatory actions against a tenant. Section 2 requires any group or individual operating a family day care home or group family day care home to obtain insurance that insulates the property owner from liability.
Justification
Many tenants who operate a family day care within their apartments are harassed and retaliated against by their landlords. This legislation would forbid a landlord to evict a tenant in retaliation for the tenant or other legal occupant's operation of a family day care home which is licensed pursuant to § 390 of the Social Services Law. Tenants engaging in these activities should be protected by current law and be excluded from liability pursuant to section 2 of this bill.
However, landlords are still engaging in retaliatory behavior as a result of the operation of these family day cares. This bill is intended to clarify that those individuals operating such family day cares are entitled to the existing protections of law.
Legislative history
New bill.
Fiscal implications
None to state.
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.