S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1692
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, TAYLOR -- read once and referred to
   the Committee on Housing
 
 AN  ACT to amend the real property law and the multiple dwelling law, in
   relation to requiring landlords to replace a lock on a  tenant's  door
   when domestic violence is alleged

   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-b to read as follows:
   §  238-B.  RIGHTS OF TENANTS TO A NEW DOOR LOCK WHEN DOMESTIC VIOLENCE
 IS ALLEGED. 1. A TENANT WHO HAS A LOCK INSTALLED AND MAINTAINED  BY  THE
 LANDLORD  IN THE ENTRANCE DOOR OF HIS OR HER DWELLING AND IS A VICTIM OF
 AN ALLEGED DOMESTIC VIOLENCE INCIDENT MAY REQUEST SUCH LOCK BE  REPLACED
 WITHIN TWENTY-FOUR HOURS OF SUCH ALLEGED DOMESTIC VIOLENCE INCIDENT. ANY
 SUCH  LANDLORD WHO RECEIVES A REQUEST PURSUANT TO THIS SUBDIVISION SHALL
 COMPLY WITH THE REQUEST WITHIN TWENTY-FOUR HOURS OF SUCH ALLEGED  DOMES-
 TIC  VIOLENCE  INCIDENT.  PROOF OF AN ALLEGED DOMESTIC VIOLENCE INCIDENT
 SHALL INCLUDE BUT NOT BE LIMITED TO A POLICE REPORT, A RESTRAINING ORDER
 OR ANY OTHER COURT DOCUMENT OR SIGNED ATTESTATION  ALLEGING  A  DOMESTIC
 VIOLENCE INCIDENT INVOLVING THE TENANT.
   2.  A  LANDLORD  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 SUBJECT TO A CIVIL PENALTY IN AN AMOUNT TO BE AS FOLLOWS:
   (A) ONE HUNDRED DOLLARS FOR FAILURE TO REPLACE SUCH LOCK WITHIN  TWEN-
 TY-FOUR HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT;
   (B)  TWO HUNDRED FIFTY DOLLARS FOR FAILURE TO REPLACE SUCH LOCK WITHIN
 FORTY-EIGHT HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT; AND
   (C) FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT TWENTY-FOUR  HOURS  AFTER
 THE  INITIAL FORTY-EIGHT HOURS SINCE THE ALLEGED DOMESTIC VIOLENCE INCI-
 DENT UNTIL SUCH LOCK IS REPLACED.
   § 2. Section 51-c of the multiple dwelling law, as  added  by  chapter
 806 of the laws of 1968, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05764-01-3
              

 A. 1692                             2
 
   §  51-c.  Rights  of  tenants to install and maintain locks in certain
 entrance doors. 1. Every tenant of a multiple dwelling, except a  tenant
 of  a multiple dwelling under the supervision and control of a municipal
 housing authority, occupied by him OR HER, except as a hotel  or  motel,
 or  college  or  school  dormitory,  shall have the right to install and
 maintain or cause to be installed and maintained in the entrance door of
 his OR HER particular housing unit in such multiple  dwelling,  a  lock,
 separate  and  apart from any lock installed and maintained by the owner
 of such multiple dwelling, not more than three inches in  circumference,
 as an ordinary incident to his OR HER tenancy, provided that a duplicate
 key  to  such lock shall be supplied to the landlord or his OR HER agent
 upon his OR HER request; and every provision of any lease hereafter made
 or entered into which reserves or  provides  for  the  payment  by  such
 tenant  of  any additional rent, bonus, fee or other charge or any other
 thing of value for the right or privilege of installing and/or maintain-
 ing any such lock, shall be deemed to be void as against  public  policy
 and wholly unenforceable.
   2.  (A)  A TENANT WHO HAS A LOCK INSTALLED AND MAINTAINED BY THE OWNER
 OF A MULTIPLE DWELLING IN THE ENTRANCE DOOR OF  HIS  OR  HER  PARTICULAR
 HOUSING  UNIT  IN  SUCH MULTIPLE DWELLING, EXCEPT A TENANT OF A MULTIPLE
 DWELLING UNDER THE  SUPERVISION  AND  CONTROL  OF  A  MUNICIPAL  HOUSING
 AUTHORITY,  AND IS A VICTIM OF AN ALLEGED DOMESTIC VIOLENCE INCIDENT MAY
 REQUEST SUCH LOCK BE REPLACED WITHIN TWENTY-FOUR HOURS OF  SUCH  ALLEGED
 DOMESTIC  VIOLENCE  INCIDENT.  ANY SUCH OWNER OF A MULTIPLE DWELLING WHO
 RECEIVES A REQUEST PURSUANT TO THIS SUBDIVISION SHALL  COMPLY  WITH  THE
 REQUEST WITHIN TWENTY-FOUR HOURS OF SUCH ALLEGED DOMESTIC VIOLENCE INCI-
 DENT.  PROOF  OF AN ALLEGED DOMESTIC VIOLENCE INCIDENT SHALL INCLUDE BUT
 NOT BE LIMITED TO A POLICE REPORT, A  RESTRAINING  ORDER  OR  ANY  OTHER
 COURT  DOCUMENT OR SIGNED ATTESTATION ALLEGING A DOMESTIC VIOLENCE INCI-
 DENT INVOLVING A TENANT.
   (B) AN OWNER OF A MULTIPLE DWELLING WHO  VIOLATES  THE  PROVISIONS  OF
 THIS  SUBDIVISION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT TO BE
 AS FOLLOWS:
   (I) ONE HUNDRED DOLLARS FOR FAILURE TO REPLACE SUCH LOCK WITHIN  TWEN-
 TY-FOUR HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT;
   (II) TWO HUNDRED FIFTY DOLLARS FOR FAILURE TO REPLACE SUCH LOCK WITHIN
 FORTY-EIGHT HOURS OF THE ALLEGED DOMESTIC VIOLENCE INCIDENT; AND
   (III) FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT TWENTY-FOUR HOURS AFTER
 THE  INITIAL FORTY-EIGHT HOURS SINCE THE ALLEGED DOMESTIC VIOLENCE INCI-
 DENT UNTIL SUCH LOCK IS REPLACED.
   § 3. This act shall take effect immediately.