NY State Senate Bill 2015-S4955

Senate Bill S4955

2015-2016 Legislative Session

Establishes the right of tenants to call police or emergency assistance without fear of losing their housing

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Apr 24, 2015	referred to codes

co-Sponsors

View additional co-sponsors

2015-S4955 (ACTIVE) - Details

See Assembly Version of this Bill:: A1322
Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Ren Art 9 §§90 & 91 to be Art 10 §§100 & 101, add Art 9 §§90 - 98, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6924, A9056
2017-2018: S405, A2919
2019-2020: S4657, A2665

2015-S4955 (ACTIVE) - Summary

Establishes the right of tenants to call police or emergency assistance without fear of losing their housing as the result of landlord actions or local nuisance laws.

2015-S4955 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4955

TITLE OF BILL:

An act to amend the civil rights law, in relation to the right to call
for police and emergency assistance and providing victim protections

PURPOSE OF BILL:

This legislation will help ensure that victims of domestic violence
and crime victims can access police or emergency assistance without
fear of losing their housing.

SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new Article 9 in the Civil Rights Law
that outlines rights and protections for domestic violence and other
crime victims in separate sections of the Article as follows.

New Section 90 of the Civil Rights Law relates to legislative
findings.

New Section 91 of the Civil Rights Law provides any person who is a
victim of domestic violence or who otherwise believes that he or she
is in need of police or emergency assistance the right to request such
assistance without penalty or reprisal, by application of a local law

or ordinance, for accessing the assistance.

New Section 92 of the Civil Rights Law outlines exceptions to the
protections outlined in new section 91 of the Civil Rights Law.

New Section 93 of the Civil Rights Law outlines the rights of property
owners to be free of penalty for respecting the rights of an occupant
to request police or emergency assistance.

New Section 94 of the Civil Rights Law prohibits limitations on a
victim's rights under the article to request police or emergency
assistance.

New Section 95 of the Civil Rights Law creates defenses in local
ordinance enforcement actions by municipalities or property owners in
violation of the protections created under the Article. It also
provides for notice to residential occupants in such enforcement
actions and standing to contest application of the nuisance ordinance
to their residence in the face of an eviction.

New Section 96 of the Civil Rights Law provides for the removal of the
perpetrator of violence while assuring continued occupancy by a
victim.

New Section 97 of the Civil Rights Law creates remedies for any person
or entity aggrieved by a violation of the protections created under
the Article.

New Section 98 of the Civil Rights Law allows for guidance by the New
York State Office for The Prevention of Domestic Violence and the
Division of Criminal Justice Services with respect to drafting of


local nuisance ordinances and evaluation of their impact on access to
police and emergency services.

Section 2 of the bill is the effective date.

JUSTIFICATION:

No victim of domestic violence or other person threatened with a crime
in New York should be afraid to access police or emergency assistance
because doing so may jeopardize their housing. Nevertheless, numerous
municipalities throughout New York have passed local laws, so called
"nuisance ordinances," that have this precise result. While these
local laws often aim to address drug, weapon, disorderly conduct, and
property crimes and ensure the quiet enjoyment of community members,
they are frequently overboard and, instead, have a chilling effect on
the reporting of crime by crime victims-particularly victims of
domestic violence-that undermines public safety.

Nuisance ordinances have traditionally targeted abandoned properties
where crime occurred with more frequency because properties were
unsupervised and unattended. Yet, in recent years, more and more
municipalities in New York and nationally have employed the nuisance
concept to regulate and sanction activities at occupied properties.
Nuisance ordinances take several forms. Many ordinances in New York
assign points to properties where certain criminal convictions
occurred or where certain conduct was merely alleged to have occurred.
In some communities, ordinances are triggered if police or emergency
services provide aid or are called to a property a certain number of
times over a set time period, such as three calls for help to the
police over 12 months. Generally, these nuisance laws are applied
regardless of whether the residential occupant was a victim of the
cited crime or accessed police assistance out of reasonable,
legitimate fear or concern. A Harvard study established that an
ordinance in Milwaukee punished victims of domestic violence far more
frequently than the offenses it was intended to target, such as those
related to drugs, property damage, and weapons.

These ordinances may authorize the municipality to directly penalize
the residential occupant or may promote "third-party policing," the
assigning of policing responsibilities to non-police actors, by
holding property owners responsible for the behavior of their tenants.
Under this structure, once a property receives a nuisance citation,
the owner must "abate the nuisance" or face stiff fines, revocation of
rental permits, or property closure. This requirement frequently
results in landlords evicting the tenants at issue, for, even if not
expressly required, eviction is the only certain abatement method.
Under these laws, tenants often have no notice of or standing to
contest application of the nuisance ordinance to their residence, even
in the face of eviction.

In communities with these ordinances, domestic violence victims
reasonably feel they have no choice but to endure threats, harassment,
or violence without police intervention when the alternative is the
likely eviction, housing insecurity, and risk of homelessness that
result from a nuisance citation.


Enforcement of nuisance ordinances can also violate federal and
Constitutional protections. Furthermore, when these laws pressure
landlords to evict, they put landlords in an untenable position
between two legal mandates.

This measure will help ensure that all New Yorkers can request
lifesaving emergency aid in response to violence without fearing they
will be doubly victimized by housing loss because their call for help
triggered a nuisance ordinance that is applied against crime victims.
It will protect victims of domestic violence, as well as all residents
who need to access emergency and police assistance.

LEGISLATIVE HISTORY:

S6924 Committed to Rules 2014

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

Immediately and shall apply to all pending actions and proceedings.

2015-S4955 (ACTIVE) - Bill Text download pdf

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

                                  4955

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03311-01-5

S. 4955                             2

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
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. 4955                             3

  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-
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

S. 4955                             4

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
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.