What's happening
This bill makes it illegal for landlords or agents to deny housing based on a tenant's history of landlord-tenant court actions or summary proceedings, unless court orders remain unsatisfied.
Why it matters
Prevents discrimination based on tenant court history. The bill could make it much harder for landlords to use a person's prior involvement in housing court—regardless of outcome—as a reason to deny them housing, unless there are still unsatisfied court orders. This aims to disrupt the use of “tenant blacklists” that often exclude people simply for defending their rights or being taken to court.
Addresses barriers for vulnerable renters. People who have been involved in landlord-tenant legal actions, often due to disputes over conditions or rent, would be less likely to face blanket rejections when seeking new housing. This could open up more housing opportunities, especially for low-income tenants, those with past evictions, or individuals who asserted their legal rights.
Expands scope of anti-discrimination law. The legislation adds “landlord-tenant action or summary proceeding history” to the list of protected categories in New York’s housing anti-discrimination laws—alongside race, disability, and other statuses—which could set a precedent for how housing access is regulated and enforced.
May impact landlord screening practices. Landlords, brokers, and agents would need to change their tenant screening processes and criteria, potentially relying less on third-party “blacklist” databases. This could reduce the chilling effect that fear of future housing denial has on tenants’ willingness to assert their rights in court.
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Who cares
Headline styles
Ban Tenant Blacklists
Plain English, a few words. Used as the page title.
Sponsors
6 Co-sponsors
2 Multi-sponsors
History
- Referred to housing
- Print number 728a
- Amend and recommit to housing
- Referred to housing
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 Blacklisting
In Senate Committee · Investigations And Government Operations · Sponsor Michael Gianaris
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
728--A
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, HEVESI, DINOWITZ, COLTON, CYMBROWITZ, GLICK -- Multi-Sponsored by -- M. of A. ARROYO, PERRY -- read once and referred to the Committee on Housing -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 8 of the laws of 2019, 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, gender identity or expression, military status, sex, disability, past,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02458-03-9
A. 728--A 2
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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.