S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    405
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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.
   § 90. LEGISLATIVE FINDINGS. NO VICTIM OF DOMESTIC VIOLENCE,  OR  OTHER
 PERSON  THREATENED  WITH VIOLENCE OR IN JEOPARDY OF HARM, SHOULD FAIL TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02922-01-7

 S. 405                              2
 
 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
 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.
   §  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. 405                              3
 
   §  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.
   §  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.
   § 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.
   § 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.
   §  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.
   § 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. 405                              4
 
 SUCH VIOLATION. A PREVAILING PLAINTIFF MAY BE ENTITLED TO  AN  AWARD  OF
 COSTS AND ATTORNEY'S FEES.
   §  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.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 pending actions and proceedings.