What's happening
This bill prohibits housing discrimination based on a person's involvement in landlord-tenant legal actions or summary proceedings.
Why it matters
Reduces barriers for renters who have been involved in landlord-tenant legal actions. by preventing landlords from using past, ongoing, or current summary proceedings as a reason to deny housing—unless the tenant hasn’t satisfied a court order—helping people who’ve faced eviction or disputes to secure housing more easily.
Limits the use of “tenant blacklists,”. which are databases used to screen out applicants who have appeared in housing court, thus aiming to break the cycle where being taken to court once can make it difficult to rent in the future even if the tenant was not at fault.
Expands fair housing protections. by making it illegal for real estate professionals to suggest that neighborhood changes related to the presence of tenants with landlord-tenant court histories will negatively affect property values or community quality, helping prevent subtle forms of housing discrimination and fear-mongering.
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Who cares
Headline styles
Ban Tenant Blacklisting
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Tenant Blacklists
In Assembly Committee · Housing · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
240
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. GIANARIS -- 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 to 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05099-01-7
S. 240 2
occupants in the block, neighborhood or area in which the real property 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 to 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 landlord-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.