Requires landlords to check state sex offender registry when leasing to a new tenant, subtenant or adult occupant, and to notify tenants with children under age sixteen of any listing of such tenant, subtenant or adult occupant as a level three sex offender; exempts landlord from any civil or criminal liability for damages for any discretionary decision to release relevant information pursuant to this section or for failing to release such information, unless it is shown the landlord acted with gross negligence or in bad faith.

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S2763-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Feb 1, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S2763-2011 Memo

BILL NUMBER:S2763

TITLE OF BILL:
An act
to amend the multiple dwelling law, in relation to landlord checks of
the state sex offender registry and notification of certain tenants

PURPOSE OR GENERAL IDEA OF BILL:
Requires landlords to check state offender registry when leasing to a
new tenant or on notice of sublet, and to notify tenants with
children of any listing.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The multiple dwelling law is amended by adding a new
section 301-a to read as follows.
1. Landlords of multiple dwellings 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 in interest to a leased unit, perform a
check of such new tenant or subtenant in the sex offender registry
maintained by the division of criminal justices.

2. If such new tenant or subtenant is listed in the registry, the
landlord shall provide written notification of such findings to
building tenants with children under the age of sixteen.

3. All leases offered to tenants in multiple dwellings shall contain
notice advising tenants of the requirements.

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 to this section, unless it is shown that such
landlord acted with gross negligence or in bad faith.
Section 2. Sets the effective date.

JUSTIFICATION:
On May 8, 2001, 11-year-old Tamiqua Gutierrez was found raped and
murdered in the hallway of her Bronx apartment building. A
43-year-old neighbor was later charged with luring Tamiqua into his
apartment, sexually assaulting her while holding a pillow over her
face, and then dragging her unconscious body into the hallway and
leaving her to die from her injuries.

This legislation will help prevent future crimes against children like
Tamiqua by letting parents know when a known sexual predator moves
into their building. The close quarters and shared common areas of in
many apartment buildings often put children in closer contact with
their fellow apartment dwellers than with a traditional neighbor.
Despite this greater proximity, tenants do not ordinarily have access
to the pertinent information about their fellow tenants that would
enable then to check their identities against the sexual offender

registry. In large apartment buildings, where tenants change
frequently, keeping one's family safe can be even more difficult.
This legislation also gives tenants the tools they need to perform
their own checks of new and existing neighbors to better safeguard
their families against sexual predators.

Landlords, however, routinely collect personal information and perform
a variety of other background inquiries before entering into a lease
agreement with a prospective tenant. Requiring an additional check
with the sexual offender registry imposes a relatively small burden
on landlords but will make thousands of families safer in their own
homes.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5044/A.3709 (Koon) - Referred to Housing,
Construction & Community Development
2007-08: A.1666 Referred to Housing/S.2842 Referred to
Housing, Construction & Community Development
2005-06: A.971/S.2241 (Hassel-Thompson)
2007-08: A.1666/S.2842 (Hassel-Thompson)
2003-04: A.2630 (Klein)/S.4492 (Hassell-Thompson)
2001-02: A.9238 Referred to Housing

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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 or after such date.

S2763-2011 Text

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

                                    2763

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 1, 2011
                                 ___________

  Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
    and when  printed  to  be  committed  to  the  Committee  on  Housing,
    Construction and Community Development

  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.
                                                             LBD06441-01-1

 S. 2763                             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.