What's happening
This bill makes it illegal for landlords or agents to deny housing based on a tenant's history of landlord-tenant legal actions, except if orders remain unsatisfied.
Why it matters
Protects renters from discrimination. By prohibiting landlords from denying housing solely because of a tenant’s past involvement in landlord-tenant legal actions (unless a court order remains unsatisfied), this bill aims to prevent a “tenant blacklist” and helps ensure people aren’t permanently penalized for asserting their rights or facing eviction in the past.
Encourages fairer screening practices. Landlords must focus on current, relevant financial or rental factors rather than relying on a tenant's history of legal disputes, promoting more equitable access to housing for those who may have had disputes but have since resolved them.
Limits predatory or manipulative real estate practices. The bill also bars realtors and agents from using a person’s landlord-tenant legal history as a scare tactic to influence real estate transactions, helping to curb discriminatory blockbusting and fear-based marketing that can destabilize communities.
Supports housing stability for vulnerable populations. By leveling the playing field for renters who have experienced eviction proceedings (common among marginalized groups), the bill could reduce homelessness and housing insecurity, contributing to broader social and economic stability.
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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
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.651
- 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
4465
2019-2020 Regular Sessions
IN SENATE
March 12, 2019
Introduced by Sens. GIANARIS, STAVISKY -- 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 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, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02458-02-9
S. 4465 2
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 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 land- lord-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
2018: Died in Investigations and Government Operations 2017: Died in Investigations and Government Operations 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.