Requires landlords to replace a lock on a tenant's dwelling door within 24 hours of a request by a tenant who is a victim of domestic violence; provides civil penalties for violations in relation thereto.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1640A
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the real property law, in relation to requiring land-
lords to replace the lock on a tenant's door if requested by a tenant
who is a victim of domestic violence
PURPOSE:
This bill would require landlords to replace locks for tenants in cases
where domestic violence is alleged to ensure tenant safety.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the real property law by adding a new section 238-b.
Section two establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The A print clarifies the timeline for completing the lock change,
allows a tenant to provide a self-attestation that they would like the
lock changed due to their status as a victim of domestic violence,
aligns the language with the requirements for terminating a lease due to
domestic violence, removes unnecessary changes to the Multiple Dwelling
Law, and limits the applicability to only when the perpetrator is not a
lawful occupant of the dwelling unit for which the lock replacement
request is made.
JUSTIFICATION:
Domestic violence survivors often face the most significant threat to
their safety when they make the difficult decision to ultimately leave
their abusers. The right to safety in one's own home is a basic comfort
that many take for granted. Too often, domestic violence survivors do
not have that privilege, even when they take the necessary steps to
protect themselves.
Ruth Esther Reyes de Severino's case, which the New York Times recently
reported on, is a tragic example of why reforms are necessary to protect
victims of domestic violence. Ruth Esther Reyes de Severino, who had
recently been granted a temporary restraining order against her abusive
husband, Eugenio Severino, was killed when Eugenio used his key to enter
her apartment and fatally stab Ruth and her two children, aged five and
two, before taking his own life.
For weeks prior to the incident, Ruth had repeatedly requested that her
building management change the lock to her apartment door because she
feared her estranged husband would retaliate against her for getting the
temporary restraining order. Management did not replace the lock to
Ruth's apartment, and Ruth's abusive husband used his key to enter her
home and murder her and her two children. A new lock was the only thing
standing between life and death for Ruth.
Reports of domestic violence have risen dramatically since the start of
the COVID-19 pandemic and survivors need greater protection than what's
conferred by a slip of paper. It is a landlord's responsibility to take
reasonable steps to ensure their tenant's safety, and all New Yorkers
have the right to feel safe and protected in their own homes. This
legislation will require landlords, upon request by the tenant, to
change locks to their unit within twenty-four hours of their request.
LEGISLATIVE HISTORY:
2023-24: A.1692 - Referred to Housing
2021-22: A.8871 -.Referred to Housing
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
1640--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, TAYLOR -- read once and referred to
the Committee on Housing -- recommitted to the Committee on Housing in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the real property law, in relation to requiring land-
lords to replace the lock on a tenant's door if requested by a tenant
who is a victim of domestic violence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 238-b to read as follows:
3 § 238-b. Replacement door locks for victims of domestic violence. 1.
4 Where a tenant has a lock installed and maintained by their landlord for
5 the entrance door of their dwelling unit, and such tenant or a member of
6 such tenant's household is a victim of domestic violence, as defined by
7 section four hundred fifty-nine-a of the social services law, and
8 reasonably fears potential further domestic violence, such tenant may
9 request that the lock be replaced. A tenant requesting such an accommo-
10 dation shall provide an attestation in writing that they would like the
11 lock replaced due to their status as a victim of domestic violence and
12 that they reasonably fear potential further domestic violence. Any land-
13 lord who receives a request pursuant to this subdivision shall comply
14 with the request within twenty-four hours of receipt. A landlord may
15 request documentation demonstrating that the tenant or a member of the
16 tenant's household has been a victim of domestic violence. Such
17 documentation shall include, but not be limited to, a temporary or final
18 order of protection issued by a court of competent jurisdiction, or a
19 record, complaint, or report from a federal, state, or local law
20 enforcement agency of an act of domestic violence as described in
21 section four hundred fifty-nine-a of the social services law or a family
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03946-02-6
A. 1640--A 2
1 offense as described in section eight hundred twelve of the family court
2 act, or certifying that the tenant or a member of the tenant's household
3 has been subjected to domestic violence.
4 2. If a landlord fails to replace the lock within twenty-four hours of
5 a request being made, the tenant may change the lock without the land-
6 lord's permission and may deduct the cost from a future payment of rent.
7 If the tenant changes the lock, the tenant shall promptly provide a key
8 to the new lock to the landlord.
9 3. The landlord shall not require the tenant to pay any additional
10 rent, deposit or fee for the replacement of locks.
11 4. A landlord who violates the provisions of this section shall be
12 subject to a civil penalty in an amount to be as follows:
13 (a) one hundred dollars for failure to replace such lock within twen-
14 ty-four hours of the request;
15 (b) two hundred fifty dollars for failure to replace such lock within
16 forty-eight hours of the request; and
17 (c) five hundred dollars for each subsequent twenty-four hours after
18 the initial forty-eight hours since the request until such lock is
19 replaced.
20 5. This section shall only apply when the perpetrator is not a lawful
21 occupant of the dwelling unit for which the lock replacement request is
22 made.
23 § 2. This act shall take effect immediately.
