S T A T E O F N E W Y O R K
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1144
2009-2010 Regular Sessions
I N S E N A T E
January 26, 2009
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Introduced by Sens. PERKINS, BRESLIN, DIAZ, DUANE, HASSELL-THOMPSON,
KRUEGER, MONTGOMERY, ONORATO, PARKER, SAVINO, SCHNEIDERMAN, SMITH,
STACHOWSKI, STAVISKY, THOMPSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Social Services
AN ACT to amend the social services law and the real property law, in
relation to protecting homeless children from lead paint poisoning
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 143-b of the social services law is amended by
adding a new subdivision 7 to read as follows:
7. NO STATE OR LOCAL AGENCY SHALL ARRANGE TO PLACE A FAMILY CONSISTING
OF A PERSON OR PERSONS UNDER SIX YEARS OF AGE OR PREGNANT WOMEN IN ANY
DWELLING UNIT CONSTRUCTED PRIOR TO NINETEEN HUNDRED SEVENTY, OR, IN
CITIES WITH A POPULATION OF ONE MILLION OR MORE, ANY DWELLING UNIT
CONSTRUCTED PRIOR TO NINETEEN HUNDRED SIXTY, FOR WHICH THE RENT IS PAID
IN ANY PART WITH STATE FUNDS UNLESS SUCH DWELLING UNIT HAS BEEN FIRST
INSPECTED BY A PERSON ACCREDITED PURSUANT TO THE REQUIREMENTS OF 40
C.F.R. 745.325 OR SUCCESSOR REGULATION, GOVERNING THE ACCREDITATION OF
INDIVIDUALS ENGAGING IN LEAD-BASED PAINT ACTIVITIES, AND DETERMINED TO
BE FREE OF LEAD-BASED HAZARDS, AS DEFINED BY 42 U.S.C. S4851B(15) AND 40
C.F.R. S745.103, OR SUCCESSOR STATUTE AND REGULATION. A WRITTEN REPORT
SHALL BE PREPARED OF SUCH INSPECTION AND SHALL BE PROVIDED TO THE
TENANT.
S 2. The real property law is amended by adding a new section 236-a to
read as follows:
S 236-A. DISCRIMINATION AGAINST PERSONS AND FAMILIES RECEIVING PUBLIC
ASSISTANCE OR GOVERNMENTAL HOUSING SUBSIDIES PROHIBITED. 1. ANY PERSON,
FIRM OR CORPORATION OWNING OR HAVING IN CHARGE ANY APARTMENT HOUSE,
TENEMENT HOUSE OR OTHER BUILDING OR MANUFACTURED HOME PARK USED FOR
DWELLING PURPOSES WHO SHALL REFUSE TO RENT ANY OR PART OF ANY SUCH
BUILDING OR MANUFACTURED HOME PARK TO ANY PERSON OR FAMILY, OR WHO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05462-01-9
S. 1144 2
DISCRIMINATES IN THE TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
RENTAL, ON THE GROUND THAT SUCH PERSON OR FAMILY RECEIVES PUBLIC ASSIST-
ANCE OR ANY OTHER GOVERNMENT SUBSIDY FOR PAYMENT OF RENT SHALL BE GUILTY
OF A MISDEMEANOR AND ON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE
OF NOT LESS THAN FIVE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS FOR
EACH OFFENSE.
2.(A) WHERE DISCRIMINATORY CONDUCT PROHIBITED BY THIS SECTION HAS
OCCURRED, AN AGGRIEVED INDIVIDUAL SHALL HAVE A CAUSE OF ACTION IN ANY
COURT OF COMPETENT JURISDICTION FOR DAMAGES, DECLARATORY AND INJUNCTIVE
RELIEF.
(B) IN ALL ACTIONS BROUGHT UNDER THIS SECTION, THE COURT SHALL ALLOW
THE PREVAILING PLAINTIFF REASONABLE ATTORNEY'S FEES AND, UPON A FINDING
THAT THE DEFENDANT'S DISCRIMINATORY CONDUCT WAS WILLFUL, AN ADDITIONAL
AMOUNT AS LIQUIDATED DAMAGES EQUAL TO TWO THOUSAND FIVE HUNDRED DOLLARS
SHALL BE AWARDED.
S 3. This act shall take effect immediately.