NY State Senate Bill 2017-S2335

Senate Bill S2335

2017-2018 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jan 13, 2017	referred to judiciary

2017-S2335 (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
2015-2016: S3571

2017-S2335 (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.

2017-S2335 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S 2335

 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.

2017-S2335 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2335
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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.
                                                            LBD06977-01-7

 S. 2335                             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.
   § 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.
   § 3. This act shall take effect immediately.

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