NY State Senate Bill 2015-S3571

Senate Bill S3571

2015-2016 Legislative Session

Prohibits retaliation by landlords against legal occupants who operate certain day care homes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Feb 12, 2015	referred to judiciary

2015-S3571 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §223-b, RP L; amd §390, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5779
2013-2014: S1801
2017-2018: S2335

2015-S3571 (ACTIVE) - Summary

Prohibits retaliation by landlords against tenants and other legal occupants who operate group family day care homes and family day care homes pursuant to section 390 of the social services law.

2015-S3571 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3571

TITLE OF BILL:

An act to amend the real property law, in relation to prohibiting
retaliation by landlords against legal occupants who operate certain
family day care homes; and to amend the social services law, in
relation to requiring family day care homes to carry certain insurance

PURPOSE:

This bill addresses the concerns of landlords retaliating against
tenants operating group and family day cares in their homes.

SUMMARY OF PROVISIONS:

This legislation amends subdivisions 1, 2, and 4 of section 223-b of
the real property law; and subdivision 2 of section 390 of the social
services law.

Specifically, the bill would add the operation of a group family day
care home or family day care home, pursuant to section 390 of the
social services law, to the list of activities that a landlord could
not engage in retaliatory actions against a tenant. Section 2 requires
any group or individual operating a family day care home or group
family day care home to obtain insurance that insulates the property

owner from liability.

JUSTIFICATION:

Many tenants who operate a family day care within their apartments are
harassed and retaliated against by their landlords. This legislation
would forbid a landlord to evict a tenant in retaliation for the
tenant or other legal occupant's operation of a family day care home
which is licensed pursuant to § 390 of the Social Services Law.
Tenants engaging in these activities should be protected by current
law and be excluded from liability pursuant to section 2 of this bill.

However, landlords are still engaging in retaliatory behavior as a
result of the operation of these family day cares. This bill is
intended to clarify that those individuals operating such family day
cares are entitled to the existing protections of law.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to state.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3571 (ACTIVE) - Bill Text download pdf

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

                                  3571

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to prohibiting retal-
  iation by landlords against legal occupants who operate certain family
  day  care  homes; and to amend the social services law, in relation to
  requiring family day care homes to carry certain insurance

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

  Section  1. Subdivisions 1, 2 and 4 of section 223-b of the real prop-
erty law, as amended by chapter 584 of the laws of 1991, are amended  to
read as follows:
  1.  No landlord of premises or units to which this section is applica-
ble shall serve a notice to quit upon any tenant or commence any  action
to  recover real property or summary proceeding to recover possession of
real property in retaliation for:
  a. A good faith complaint, by or in behalf of the tenant, to a govern-
mental authority of the landlord's alleged violation of  any  health  or
safety  law,  regulation,  code,  or ordinance, or any law or regulation
which has as its objective the regulation of premises used for  dwelling
purposes  or which pertains to the offense of rent gouging in the third,
second or first degree; or
  b. Actions taken in good faith, by or in  behalf  of  the  tenant,  to
secure  or enforce any rights under the lease or rental agreement, under
section two hundred thirty-five-b of this chapter, or  under  any  other
law of the state of New York, or of its governmental subdivisions, or of
the  United States which has as its objective the regulation of premises
used for dwelling purposes or which pertains  to  the  offense  of  rent
gouging in the third, second or first degree; or
  c.  The  tenant's participation in the activities of a tenant's organ-
ization; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08768-01-5

S. 3571                             2

  D. THE TENANT'S OR OTHER LEGAL OCCUPANT'S OPERATION OF A GROUP  FAMILY
DAY  CARE HOME OR FAMILY DAY CARE HOME PURSUANT TO SECTION THREE HUNDRED
NINETY OF THE SOCIAL SERVICES LAW.
  2.  No landlord or premises or units to which this section is applica-
ble shall substantially alter the terms of the  tenancy  in  retaliation
for any actions set forth in paragraphs a, b, [and] c, AND D of subdivi-
sion  one  of this section. Substantial alteration shall include, but is
not limited to, the refusal to continue a tenancy of the tenant or, upon
expiration of the tenant's lease, to renew the  lease  or  offer  a  new
lease;  provided,  however,  that a landlord shall not be required under
this section to offer a new lease or a lease renewal for a term  greater
than  one  year and after such extension of a tenancy for one year shall
not be required to further extend or continue such tenancy.
  4. In any action to recover real property  or  summary  proceeding  to
recover  possession  of real property, judgment shall be entered for the
tenant if the court finds that the landlord is acting in retaliation for
any action set forth in paragraphs a, b, [and] c, AND D  of  subdivision
one of this section and further finds that the landlord would not other-
wise  have  commenced  such  action  or proceeding. Retaliation shall be
asserted as an affirmative defense in such  action  or  proceeding.  The
tenant shall not be relieved of the obligation to pay any rent for which
he is otherwise liable.
  S 2. Subparagraph (i) of paragraph (d) of subdivision 2 of section 390
of  the  social  services  law, as amended by chapter 416 of the laws of
2000, is amended to read as follows:
  (i) The office of children and family services shall promulgate  regu-
lations for licensure and for registration of child day care pursuant to
this  section.  Procedures  for  obtaining  a license or registration or
renewing a license shall include a satisfactory inspection of the facil-
ity by the office of children and family services prior to  issuance  of
the  license or registration or renewal of the license AND SHALL INCLUDE
A REQUIREMENT THAT ANY GROUP FAMILY DAY CARE HOME  OR  FAMILY  DAY  CARE
HOME  OPERATING ON LEASED OR RENTED PREMISES SHALL OBTAIN INSURANCE THAT
INSULATES THE PROPERTY OWNER FROM LIABILITY.
  S 3. This act shall take effect immediately.

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