Requires landlords to check the 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.
Summary
Bill S03634 amends the multiple dwelling law in New York to require landlords to perform a check of the state sex offender registry for new tenants, subtenants, or adult occupants within sixty days of lease execution or occupancy notice. If a new tenant is identified as a level three sex offender, landlords must notify other tenants with children under the age of sixteen. Additionally, all leases must include a notice about these requirements. The bill also provides liability protection for landlords regarding the release of information related to the sex offender registry checks, unless gross negligence or bad faith is demonstrated.
Impact
This bill impacts state laws by introducing mandatory checks of the sex offender registry for landlords of multiple dwellings, thereby enhancing tenant safety, particularly for families with children. It modifies existing landlord-tenant regulations by requiring disclosure of sensitive information and establishes a framework for landlords to follow, potentially influencing how leases are structured and how tenant information is managed. The liability protection clause aims to encourage landlords to comply with the law without fear of legal repercussions for their decisions regarding the dissemination of information.
Sentiment
The general sentiment around Bill S03634 appears to be supportive among those prioritizing tenant safety and child protection, as it addresses concerns regarding the presence of sex offenders in residential buildings. However, there may be concerns from landlords regarding the additional responsibilities and potential liabilities imposed by the bill, which could lead to mixed feelings among property owners and real estate professionals.
Contention
Notable points of contention include the balance between tenant safety and landlord responsibilities. Some landlords may argue that the requirement to check the sex offender registry and notify other tenants imposes an undue burden and could lead to discrimination or stigmatization of tenants based on their past. Advocates for tenant safety, on the other hand, emphasize the importance of transparency and the right of existing tenants to be informed about potential risks in their living environment.
Requires landlords to check the 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.
Providing for public housing safety committees; further providing for requirements regarding tenants and landlords in cities of the first class; and providing for background checks for landlords.
Provide for removal from a rental agreement of a cotenant or occupant who has committed domestic violence, require landlords to change locks, and provide landlords with related powers and duties
Written lease requirements modified, disclosure of additional landlord contact information required, landlords prohibited from listing the name of a minor child of a tenant in a lease or eviction complaint, right to view rental unit established, and penalties against landlords established.
Criminalizes owner or landlord knowingly renting dwelling to tenant that is illegal occupancy which causes serious bodily injury to or death of another person.