BILL NUMBER:  S5044

 TITLE OF BILL :  An act to amend the multiple dwelling law, in
relation to landlord checks of the state sex offender registry and
notification of certain tenants

 PURPOSE OR GENERAL IDEA OF BILL :  Requires landlords to check state
offender registry when leasing to a new tenant or on notice of sublet,
and to notify tenants with children of any listing.

 SUMMARY OF SPECIFIC PROVISIONS :  Section 1. The multiple dwelling
law is amended by adding a new section 301-a to read as follows.  1.
Landlords of multiple dwellings shall, within the first sixty days
following: (a) execution of a lease with a new tenant or (b) notice of
occupancy by a third party in interest to a leased unit, perform a
check of such new tenant or subtenant in the sex offender registry
maintained by the division of criminal justices.

2. If such new tenant or subtenant is listed in the registry, the
landlord shall provide written notification of such findings to
building tenants with children under the age of sixteen.

3. All leases offered to tenants in multiple dwellings shall contain
notice advising tenants of the requirements.

4. No landlord shall be subject to any civil or criminal liability for
              

damages for any discretionary decision to release relevant information
pursuant to this section or for failing to release relevant
information to this section, unless it is shown that such landlord
acted with gross negligence or in bad faith.  Section 2. Sets the
effective date.

 JUSTIFICATION :  On May 8, 2001, 11-year-old Tamiqua Gutierrez was
found raped and murdered in the hallway of her Bronx apartment
building. A 43-year-old neighbor was later charged with luring Tamiqua
into his apartment, sexually assaulting her while holding a pillow
over her face, and then dragging her unconscious body into the hallway
and leaving her to die from her injuries.

This legislation will help prevent future crimes against children like
Tamiqua by letting parents know when a known sexual predator moves
into their building. The close quarters and shared common areas of in
many apartment buildings often put children in closer contact with
their fellow apartment dwellers than with a traditional neighbor.
Despite this greater proximity, tenants do not ordinarily have access
to the pertinent information about their fellow tenants that would
enable then to check their identities against the sexual offender
registry. In large apartment buildings, where tenants change
frequently, keeping one's family safe can be even more difficult.
This legislation also gives tenants the tools they need to perform
their own checks of new and existing neighbors to better safeguard
their families against sexual predators.

Landlords, however, routinely collect personal information and perform
a variety of other background inquiries before entering into a lease
agreement with a prospective tenant. Requiring an additional check
with the sexual offender registry imposes a relatively small burden on
landlords but will make thousands of families safer in their own
homes.

 PRIOR LEGISLATIVE HISTORY :  2002: A9238 referred to housing
2003-2004: A.2630 (Klein)/S.4492 (Hassell-Thompson) 2005-2006:
A.971/S.2241 (Hassel-Thompson) 2007-2008: A.1666/S.2842
(Hassel-Thompson) 2007-2008: A1666 referred to housing/S2842 referred
to Housing, Construction & Community Development

 FISCAL IMPLICATIONS : None

 EFFECTIVE DATE :  This act shall take effect on the one hundred
twentieth day after it shall have become a law and shall apply to
leases or subleases entered into or after such date.