NY State Senate Bill 2011-S4463

Senate Bill S4463

2011-2012 Legislative Session

Prohibits landlords from refusing to deal with certain people solely because those people were involved in prior summary proceedings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to investigations and government operations
Apr 06, 2011	referred to investigations and government operations

2011-S4463 (ACTIVE) - Details

See Assembly Version of this Bill:: A8605
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1800, A1126
2015-2016: S3560, A613
2017-2018: S240, A3827
2019-2020: S4465, A728
2021-2022: A462
2023-2024: A3984

2011-S4463 (ACTIVE) - Summary

Prohibits landlords from refusing to deal with certain people solely because those people were involved in prior summary proceedings.

2011-S4463 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4463

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 2-a(a-1) amends § 296 of the
Executive Law to prohibit discrimination in public housing against
potential tenants who have been, or are currently, involved in a
landlord-tenant action or summary proceeding, except where
tenant has not complied with a court order.

Section 3-b amends § 296 of the Executive Law to include
landlord-tenant actions on the list of prohibited discriminatory
behavior.

Section 5-a(1-i) amends § 296 of the Executive Law to prohibit
discrimination against potential tenants who have been, or .are
currently, involved in a landlord-tenant action or summary
proceeding, except where 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.

The Metropolitan Council on Housing reports that the New York City
Housing Court hears 365,000 cases ever year. Because screening
bureaus report cases up to seven years old, tenant blacklisting
affects almost two million New Yorkers.

Tenant blacklisting becomes an increasingly critical issue when there
is a housing crisis. In New York City, a housing crisis occurs when
the vacancy rate for available housing units drops below 5%; the
vacancy rate in New York was 3.4% in 2008. In a crisis, affordable
housing becomes scarce and blacklisted tenants find it increasingly
difficult to secure such housing. Because of the combined effects of
tenant blacklisting and the housing crisis, tenants are often afraid
to assert legitimate legal claims for fear of being blacklisted by
the screening bureaus.

Tenant blacklisting occurs when a tenant screening bureau, including
the widely-used First Advantage Safe Rent ("FASR"), purchases
electronic data about landlord-tenant actions from the New York State
Office of Court
Administration's ("OCA"). The bureaus then compile the information
into a list that they provide to landlords conducting investigations
about potential tenants. This practice is currently legal because
court records are considered public information. Any tenant who has


been involved in a landlord-tenant action can be named on the
screening bureau's list, regardless of who initiated the action, the
cause of the action, and the outcome. The bureaus issue thousands of
reports on potential tenants every day. These lists become blacklists
for those seeking housing in New York State.

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 right to due
process Would land them on a blacklist.

PRIOR LEGISLATIVE HISTORY:
2010: A.4134 Referred to Housing
2009: A.4134 Referred to Housing

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4463 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4463

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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 ASSEM-
BLY, 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.
  S 2. Subdivision 3-b of section 296 of the executive law,  as  amended
by chapter 106 of the laws of 2003, 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 repre-
sent that a change has occurred or will or may occur in the  composition
with respect to race, creed, color, national origin, sexual orientation,
military status, sex, disability, PAST, ONGOING OR CURRENT LANDLORD-TEN-
ANT  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08056-01-1

S. 4463                             2

is located, and to represent, directly or indirectly, that  this  change
will  or  may result in undesirable consequences in the block, neighbor-
hood 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.
  S  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.
  S 4. This act shall take effect immediately.

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