S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5538
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced  by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
   ENBUSH, GIGLIO, HAWLEY, B. MILLER, ORTIZ -- read once and referred  to
   the Committee on Judiciary
 
 AN  ACT to amend the real property law and the labor law, in relation to
   creating a private right of action for  landlords  and  employers  who
   suffer actual losses as a result of domestic violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 238-a to read as follows:
   §  238-A.    PRIVATE RIGHT OF ACTION FOR LANDLORDS WHO SUFFER ECONOMIC
 LOSSES AS A RESULT OF DOMESTIC  VIOLENCE.    ANY  LANDLORD  WHO  SUFFERS
 ECONOMIC  LOSSES  AS  A RESULT OF DOMESTIC VIOLENCE SHALL BE ENTITLED TO
 RECOVER DAMAGES FROM THE ABUSER.
   1. FOR THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC  LOSSES"  SHALL
 INCLUDE  PHYSICAL  DAMAGE TO THE RENTAL UNIT, DAMAGES RESULTING FROM THE
 BREACH OF A RENTAL CONTRACT WHERE THE TENANT VACATES THE RENTED PREMISES
 BECAUSE OF DOMESTIC VIOLENCE, AND ANY  OTHER  DAMAGES  TO  THE  LANDLORD
 CAUSED DIRECTLY OR INDIRECTLY BY THE ABUSER.
   2.  FOR  THE PURPOSES OF THIS SECTION THE TERM "ABUSER" SHALL MEAN THE
 PERSON WHO PERPETRATED SUCH DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   § 2. The labor law is amended by adding a new section 10-d to read  as
 follows:
   §  10-D.  PRIVATE  RIGHT  OF  ACTION FOR EMPLOYERS WHO SUFFER ECONOMIC
 LOSSES AS A RESULT OF DOMESTIC  VIOLENCE.    ANY  EMPLOYER  WHO  SUFFERS
 ECONOMIC  LOSSES  AS  A RESULT OF DOMESTIC VIOLENCE SHALL BE ENTITLED TO
 RECOVER DAMAGES FROM THE ABUSER.
   1. FOR THE PURPOSES OF THIS SECTION THE TERM "ECONOMIC  LOSSES"  SHALL
 INCLUDE  EXPENSES  INCURRED  IN  HIRING  A TEMPORARY WORKER TO COVER THE
 DUTIES NORMALLY PERFORMED BY THE EMPLOYEE WHO IS OUT OF WORK BECAUSE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09023-01-9

 A. 5538                             2
 
 DOMESTIC  VIOLENCE  OR  INCIDENTS  STEMMING  FROM DOMESTIC VIOLENCE; THE
 REASONABLE COST OF REPLACING AN EMPLOYEE WHO RESIGNED  AS  A  RESULT  OF
 DOMESTIC  VIOLENCE,  ANY  INCREASE IN UNEMPLOYMENT COSTS ATTRIBUTABLE TO
 DOMESTIC  VIOLENCE  AND  ANY  OTHER DAMAGES RESULTING FROM SUCH DOMESTIC
 VIOLENCE.
   2. FOR THE PURPOSES OF THIS SECTION THE TERM "ABUSER" SHALL  MEAN  THE
 PERSON WHO PERPETRATED SUCH DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   § 3. This act shall take effect immediately.