S T A T E O F N E W Y O R K
________________________________________________________________________
6924
I N S E N A T E
April 2, 2014
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to the right to call
for police and emergency assistance and providing victim protections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 9 and sections 90 and 91 of the civil rights law,
as renumbered by chapter 310 of the laws of 1962, are renumbered article
10 and sections 100 and 101, and a new article 9 is added to read as
follows:
ARTICLE 9
RIGHT TO CALL POLICE AND EMERGENCY
ASSISTANCE/VICTIM PROTECTIONS
SECTION 90. LEGISLATIVE FINDINGS.
91. RIGHT TO CALL FOR POLICE AND EMERGENCY ASSISTANCE; VICTIM
PROTECTIONS.
92. PROTECTIONS NOT APPLICABLE TO BREACHES OF LEASE, ILLICIT
ACTIVITIES OR OTHER VIOLATIONS OF LAW.
93. RIGHT OF PROPERTY OWNERS TO BE FREE OF PENALTY FOR RESPECT-
ING THE RIGHTS OF AN OCCUPANT TO REQUEST POLICE OR EMER-
GENCY ASSISTANCE.
94. LIMITATION ON RIGHT TO REQUEST POLICE OR EMERGENCY ASSIST-
ANCE PROHIBITED.
95. DEFENSES.
96. REMOVAL OF THE PERPETRATOR OF VIOLENCE WHILE ASSURING
CONTINUED OCCUPANCY BY VICTIM.
97. REMEDIES.
98. GUIDANCE AUTHORIZED.
S 90. LEGISLATIVE FINDINGS. NO VICTIM OF DOMESTIC VIOLENCE, OR OTHER
PERSON THREATENED WITH VIOLENCE OR IN JEOPARDY OF HARM, SHOULD FAIL TO
ACCESS POLICE OR EMERGENCY ASSISTANCE WHEN NEEDED BECAUSE OF THE FEAR
THAT DOING SO MAY RESULT IN LOSING THEIR HOUSING THROUGH EVICTION OR
OTHER ACTIONS TO REMOVE THEM FROM THE PROPERTY. SOME LOCAL LAWS OR POLI-
CIES HAVE THE EFFECT OF TREATING SUCH REQUESTS FOR POLICE OR EMERGENCY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13895-03-4
S. 6924 2
AID AS A DISTURBANCE CONSTITUTING A "PUBLIC NUISANCE" OR OTHERWISE
TREATING THE INDIVIDUAL FACED WITH THE VIOLENCE AND IN NEED OF ASSIST-
ANCE AS AN UNDESIRABLE TENANT OR UNDESIRABLE INFLUENCE ON THE NEIGHBOR-
HOOD BASED UPON A CALL FOR HELP TO THEIR HOME. LEGISLATION IS NEEDED TO
ASSURE THAT VICTIMS OF VIOLENCE OR THREATS OF HARM OR VIOLENCE ARE NOT
PENALIZED IN RELATION TO ANY LAW ENFORCEMENT ACTIVITY AND INTERVENTION
NECESSARY TO ADDRESS OFFENDER ACCOUNTABILITY AND VICTIM SAFETY.
MUNICIPALITIES THROUGHOUT THE STATE HAVE INCREASINGLY BEGUN TO ADOPT
LOCAL LAWS AND ORDINANCES TO ADDRESS PUBLIC NUISANCES OR OTHER INTRU-
SIONS ON THE QUIET ENJOYMENT OF THEIR RESIDENTS AND COMMUNITIES. DESPITE
THEIR INTENT TO AID COMMUNITIES, OVERLY BROAD ORDINANCES HAVE INSTEAD
HAD A HARMFUL CHILLING EFFECT DETERRING VICTIMS OF VIOLENCE AND CRIME
FROM ACCESSING POLICE ASSISTANCE AND HAVE JEOPARDIZED PUBLIC SAFETY.
GIVEN THE NEGATIVE IMPACT THAT CERTAIN PROVISIONS HAVE ON THE COMMUNITY
AT LARGE, AND TO VICTIMS OF CRIME IN PARTICULAR, REMEDIAL LEGISLATION IS
NECESSARY THAT WILL BOTH PROTECT THE RIGHTS OF DOMESTIC VIOLENCE AND
CRIME VICTIMS TO ACCESS ESSENTIAL POLICE ASSISTANCE, AS WELL AS PRESERVE
THE LOCALITY'S RIGHT TO ADDRESS CONDUCT THAT MAY UNDERMINE THE COMMUNI-
TY'S SAFETY OR INTEGRITY.
THE LEGISLATURE THEREFORE FINDS THAT IT IS DESIRABLE TO CLARIFY THE
LAW IN THIS AREA IN ORDER TO PROTECT WOMEN AND OTHERS FROM VIOLENCE AND
CRIME.
THE LEGISLATURE FURTHER FINDS THAT THERE IS A NEED TO ASSURE THAT
VICTIMS OF VIOLENCE, INCLUDING PERSONS THREATENED WITH HARM OR VIOLENCE,
HAVE A CLEAR RIGHT TO ACCESS ASSISTANCE TO PROTECT PERSONAL OR PUBLIC
SAFETY.
THE LEGISLATURE FINALLY FINDS THAT CLARIFICATION IN THIS AREA WILL
ADVANCE THE STATE'S INTEREST IN STOPPING CRIME AND FURTHER THE AIMS OF
PENAL LAWS THAT DEPEND ON CITIZENS TO REPORT INCIDENTS OF CRIME TO LAW
ENFORCEMENT.
WITH THIS REMEDIAL LEGISLATION THE LEGISLATURE SPECIFICALLY INTENDS
THAT THE COVERAGE OF THIS ARTICLE INCLUDES, BUT IS NOT LIMITED TO, LAWS
OR ORDINANCES THAT USE ANY FORM OF CUMULATIVE POINT SYSTEM FOR THE
PURPOSE OF IDENTIFYING ANY PERSONS OR PROPERTIES WHO OR WHICH WOULD BE
SUBJECT TO MUNICIPAL ENFORCEMENT ACTION.
S 91. RIGHT TO CALL FOR POLICE AND EMERGENCY ASSISTANCE; VICTIM
PROTECTIONS. 1. ANY PERSON WHO IS A VICTIM OF DOMESTIC VIOLENCE, AS
DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW,
OR WHO OTHERWISE BELIEVES HE OR SHE IS IN NEED OF POLICE OR EMERGENCY
ASSISTANCE HAS THE RIGHT TO REQUEST SUCH ASSISTANCE AND TO BE FREE OF
ANY DIRECT OR INDIRECT PENALTY OR REPRISAL FOR ACCESSING ASSISTANCE, OR
BECAUSE HE OR SHE RESIDES AT A PROPERTY WHERE DOMESTIC VIOLENCE OR OTHER
LAW ENFORCEMENT ACTIVITY OCCURRED. OTHER THAN AS PROVIDED IN SECTION
NINETY-TWO OF THIS ARTICLE, NO VICTIM OF CONDUCT WHICH HAS BEEN USED AS
THE GROUNDS FOR THE APPLICATION OF A LOCAL LAW OR ORDINANCE ESTABLISHED
FOR THE PURPOSE OF REGULATING NUISANCES SHALL BE DIRECTLY OR INDIRECTLY
PENALIZED, OR OTHERWISE SUBJECT TO REPRISAL BY APPLICATION OF SUCH LOCAL
LAW, INCLUDING BY TERMINATION OR REFUSAL TO RENEW A TENANCY OR BY
EVICTION.
2. NO RESIDENTIAL OCCUPANT SHALL BE REQUIRED, EITHER ORALLY OR IN
WRITING, TO WAIVE RIGHTS UNDER THIS ARTICLE, AND ANY SUCH WAIVER SHALL
BE VOID AND UNENFORCEABLE.
S 92. PROTECTIONS NOT APPLICABLE TO BREACHES OF LEASE, ILLICIT ACTIV-
ITIES OR OTHER VIOLATIONS OF LAW. THE PROTECTIONS OF THIS ARTICLE SHALL
NOT BE DEEMED TO PROHIBIT A MUNICIPALITY FROM ENFORCING AN ORDINANCE OR
LOCAL LAW, NOR RESTRICT A LANDLORD FROM TERMINATING, EVICTING OR REFUS-
S. 6924 3
ING TO RENEW A TENANCY, WHEN SUCH ACTION IS PREMISED UPON GROUNDS OTHER
THAN ACCESS OF POLICE OR EMERGENCY ASSISTANCE OR IS OTHERWISE PREMISED
ON CONDUCT UNRELATED TO THE RESIDENTIAL OCCUPANT'S STATUS AS A TARGET OR
VICTIM OF VIOLENCE OR HARM.
S 93. RIGHT OF PROPERTY OWNERS TO BE FREE OF PENALTY FOR RESPECTING
THE RIGHTS OF AN OCCUPANT TO REQUEST POLICE OR EMERGENCY ASSISTANCE. NO
LANDLORD OR OTHER PROPERTY OWNER SHALL BE SUBJECT TO FINES OR LOSS OF
PERMITS OR LICENSES BY A MUNICIPALITY FOR FAILING TO TAKE STEPS TO
REMOVE AN OCCUPANT WHO HAS EXERCISED RIGHTS UNDER THIS ARTICLE.
S 94. LIMITATION ON RIGHT TO REQUEST POLICE OR EMERGENCY ASSISTANCE
PROHIBITED. A MUNICIPALITY, MUNICIPAL AUTHORITY, LANDLORD OR PROPERTY
OWNER SHALL NOT PROHIBIT, RESTRICT, PENALIZE OR IN ANY OTHER WAY DIRECT-
LY OR INDIRECTLY LIMIT ANY PERSON'S EXERCISE OF RIGHTS UNDER THIS ARTI-
CLE. THE PROTECTIONS OF THIS PROHIBITION SHALL EXTEND TO ANY RESIDENTIAL
OCCUPANT UPON WHOSE BEHALF A THIRD PARTY HAS CALLED FOR POLICE OR EMER-
GENCY ASSISTANCE.
S 95. DEFENSES. 1. IT IS A DEFENSE TO ANY JUDICIAL OR ADMINISTRATIVE
ACTION OR PROCEEDING TAKEN BY ANY MUNICIPALITY OR MUNICIPAL AUTHORITY
ENFORCING ANY LOCAL LAW OR ORDINANCE THAT THE ENFORCEMENT ACTION DIRECT-
LY OR INDIRECTLY PENALIZES A RESIDENTIAL OCCUPANT OR PROPERTY OWNER FOR
THE EXERCISE OF RIGHTS UNDER THIS ARTICLE. PRIOR TO INITIATION OF ANY
SUCH ENFORCEMENT ACTION OR PROCEEDING ALL PARTIES AND ANY RESIDENTIAL
OCCUPANT THAT MAY BE SO IMPACTED SHALL BE GIVEN WRITTEN NOTICE BY THE
MUNICIPALITY OF THE PROTECTIONS OF THIS ARTICLE AND SHALL HAVE THE RIGHT
TO BE HEARD IN THE ACTION OR PROCEEDING TO ADVANCE THE DEFENSES PROVIDED
BY THIS ARTICLE.
2. IT IS A DEFENSE IN ANY ACTION OR PROCEEDING BY A LANDLORD OR OTHER
OWNER OF REAL PROPERTY TO REGAIN POSSESSION OF THAT PROPERTY THAT THE
ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY PENALIZES A RESIDENTIAL
OCCUPANT FOR THE EXERCISE OF RIGHTS UNDER THIS ARTICLE. ANY RESIDENTIAL
OCCUPANT WHOSE RIGHT TO CONTINUED OCCUPANCY MAY BE IMPACTED BY THE
OUTCOME SHALL BE GIVEN NOTICE OF THE ACTION OR PROCEEDING BY THE PARTY
INITIATING THE ACTION OR PROCEEDING AND SHALL HAVE THE RIGHT TO APPEAR
AS A NECESSARY PARTY IN ACCORDANCE WITH THE PROVISIONS OF THE CIVIL
PRACTICE LAW AND RULES AND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
IN ORDER TO ADVANCE THE DEFENSES PROVIDED BY THIS ARTICLE.
S 96. REMOVAL OF THE PERPETRATOR OF VIOLENCE WHILE ASSURING CONTINUED
OCCUPANCY BY VICTIM. ACTIONS INCLUDING TERMINATION, EVICTION OR REFUSAL
TO RENEW A LEASEHOLD INTEREST OR TERMINATION OF ANY OTHER FORM OF LAWFUL
OCCUPANCY THROUGH A JUDICIAL PROCEEDING MAY BE CARRIED OUT AGAINST THE
PERPETRATOR OF SUCH VIOLENCE OR HARM. NOTWITHSTANDING THE TERMS OF AN
EXISTING LEASE, WRITTEN OR ORAL, OR OTHER FORM OF OCCUPANCY AGREEMENT,
ANY PERSON WITH RIGHTS DESCRIBED IN SECTION NINETY-ONE OF THIS ARTICLE
SHALL HAVE THE RIGHT TO CONTINUE IN OCCUPANCY, AND THE COURT MAY SO
ORDER, FOR A TERM EQUIVALENT TO THE BALANCE OF THE ORIGINAL TERM AND
UNDER THE SAME TERMS AND CONDITIONS AS PROVIDED IN THE ORIGINAL LEASE OR
OCCUPANCY AGREEMENT.
S 97. REMEDIES. ANY PERSON OR ENTITY AGGRIEVED BY A VIOLATION OF THE
PROTECTIONS CREATED BY THIS ARTICLE SHALL HAVE THE RIGHT TO BRING AN
ACTION OR SPECIAL PROCEEDING IN A COURT OF APPROPRIATE JURISDICTION TO
SEEK DAMAGES AND/OR DECLARATORY AND INJUNCTIVE RELIEF WITH RESPECT TO
SUCH VIOLATION. A PREVAILING PLAINTIFF MAY BE ENTITLED TO AN AWARD OF
COSTS AND ATTORNEY'S FEES.
S 98. GUIDANCE AUTHORIZED. THE NEW YORK STATE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE AND THE DIVISION OF CRIMINAL JUSTICE
SERVICES, UPON CONSULTATION WITH THE OTHER, ARE JOINTLY AUTHORIZED TO
S. 6924 4
PROVIDE GUIDANCE WITH RESPECT TO DRAFTING OF LOCAL NUISANCE ORDINANCES
AND EVALUATION OF THEIR IMPACT ON ACCESS TO POLICE AND EMERGENCY
SERVICES.
S 2. This act shall take effect immediately and shall apply to all
pending actions and proceedings.