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

                                  7408

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2015
                               ___________

Introduced  by M. of A. BLAKE -- read once and referred to the Committee
  on Housing

AN ACT to amend the multiple  dwelling  law,  in  relation  to  landlord
  checks  of the state sex offender registry and notification of certain
  tenants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  multiple  dwelling  law  is  amended by adding a new
section 301-a to read as follows:
  S 301-A. SEX OFFENDER REGISTRY CHECK. 1. LANDLORDS OF MULTIPLE  DWELL-
INGS  SHALL,  WITHIN  THE FIRST SIXTY DAYS FOLLOWING: (A) EXECUTION OF A
LEASE WITH A NEW TENANT, OR (B) NOTICE OF OCCUPANCY BY A THIRD PARTY  OR
ADULT OCCUPANT IN INTEREST TO A LEASED UNIT, PERFORM A CHECK OF SUCH NEW
TENANT,  SUBTENANT  OR ADULT OCCUPANT IN THE SEX OFFENDER REGISTRY MAIN-
TAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO  SECTION
ONE  HUNDRED SIXTY-EIGHT-B OF THE CORRECTION LAW. LANDLORD ACCESS TO THE
REGISTRY SHALL BE THROUGH THE "900" TELEPHONE NUMBER MAINTAINED  BY  THE
DIVISION OF CRIMINAL JUSTICE SERVICES, AND ACCORDING TO THE REQUIREMENTS
FOR  ACCESS  AS  SPECIFIED  IN  SECTION ONE HUNDRED SIXTY-EIGHT-P OF THE
CORRECTION LAW OR THROUGH THE INTERNET SITE MAINTAINED BY  THE  DIVISION
OF CRIMINAL JUSTICE SERVICES.
  2.  IF  SUCH  NEW TENANT, SUBTENANT OR ADULT OCCUPANT IS LISTED IN THE
REGISTRY AS A LEVEL THREE SEX OFFENDER, THE LANDLORD SHALL PROVIDE WRIT-
TEN NOTIFICATION OF SUCH FINDING TO BUILDING TENANTS WITH CHILDREN UNDER
THE AGE OF SIXTEEN WHETHER THE CHILDREN  PERMANENTLY  RESIDE  WITH  SUCH
TENANT OR RESIDE FROM TIME TO TIME ON A TEMPORARY BASIS. IT SHALL BE THE
TENANT'S  DUTY TO NOTIFY THE LANDLORD OF THE AGES OF SUCH TENANT'S CHIL-
DREN.  A LANDLORD OF A MULTIPLE DWELLING SHALL PROVIDE A LIST  OF  NAMES
OF  CURRENT  TENANTS,  SUBTENANTS  OR  ADULT  OCCUPANTS OF SUCH MULTIPLE
DWELLING TO ANY TENANT IN SUCH MULTIPLE DWELLING, UPON REQUEST  BY  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07835-01-5

              

A. 7408                             2

TENANT.  SUCH LIST SHALL NOT INCLUDE SPECIFIC APARTMENT NUMBERS OR ADDI-
TIONAL INFORMATION.
  3. ALL LEASES OFFERED TO TENANTS IN MULTIPLE DWELLINGS SHALL CONTAIN A
NOTICE,  CONSPICUOUSLY  SET  FORTH  THEREIN,  ADVISING  TENANTS  OF  THE
REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
  4. NO LANDLORD SHALL BE SUBJECT TO ANY CIVIL OR CRIMINAL LIABILITY FOR
DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE  RELEVANT  INFORMATION
PURSUANT  TO THIS SECTION OR FOR FAILING TO RELEASE RELEVANT INFORMATION
PURSUANT TO THIS SECTION, UNLESS IT IS SHOWN THAT  SUCH  LANDLORD  ACTED
WITH GROSS NEGLIGENCE OR IN BAD FAITH.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law  and  shall apply to leases or subleases
entered into on or after such date.