What's happening
This bill allows landlords and employers to sue domestic violence abusers for economic losses caused by their actions.
Why it matters
Expands legal liability for abusers. By allowing landlords and employers to sue domestic violence abusers for related economic losses, this bill holds abusers financially responsible not just to survivors, but to third parties impacted by their actions.
Could affect survivor housing and employment stability. The bill’s provisions may indirectly impact survivors if, for example, landlords or employers are more hesitant to rent to or hire people with a history of domestic violence in their households or personal lives, due to the potential for recouping losses through lawsuits.
Defines broad categories of recoverable damages. “Economic losses” for landlords include property damage and lost rent, while for employers it can include costs for temporary replacements, increased unemployment insurance, and other financial impacts—potentially leading to significant financial claims against an abuser.
May influence reporting and intervention practices. By establishing a direct financial incentive for landlords and employers to document and pursue claims related to domestic violence, the bill could change how these entities respond to and interact with both abusers and survivors.
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Who cares
Landlords
The bill would let them sue abusers for rental-unit damage, losses from rental-contract breaches when tenants leave because of domestic violence, and other directly or indirectly caused damages.
Employers
The bill would let them recover from abusers temporary-worker expenses, reasonable replacement costs for employees who resign, increased unemployment costs and other damages resulting from domestic violence.
Domestic violence survivors
Their departures from rental housing, work absences or resignations could give landlords or employers grounds to seek damages from their abusers.
Domestic violence abusers
They could face lawsuits from landlords and employers seeking recovery for economic losses resulting from their abuse.
Headline styles
Let Landlords, Employers Sue Abusers
Plain English, a few words. Used as the page title.
Sponsors
History
- Held for consideration in judiciary
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5538
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
Introduced by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK- ENBUSH, GIGLIO, HAWLEY, B. MILLER, ORTIZ -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09023-01-9
A. 5538 2
domestic violence or incidents stemming from domestic violence; the 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.