NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8241
SPONSOR: Mosley TITLE OF BILL: An act to amend the executive law, in relation to a
tenant blacklist
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit tenant blacklisting the practice by which landlords deny
housing to potential tenants because the tenant has been involved in
landlord-tenant litigation.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 2 of § 296 of the Executive Law adding a
new paragraph a-1 to prohibit discrimination in public housing against
potential tenants who have been, or are currently, involved in a land-
lord-tenant action or summary proceeding, except where tenant has not
complied with a court order.
Section 2 amends subdivision 3-b of § 296 of the Executive Law to
include landlord-tenant actions on the list of prohibited discriminatory
behavior.
Section 3 amends paragraph a of subdivision 5 of § 296 of the Executive
Law, adding a new subparagraph 1-a to prohibit discrimination against
potential tenants who have been, or are currently involved in a land-
lord-tenant action or summary proceeding, except where a tenant has not
complied with a court order.
EXISTING LAW:
New York State had prohibited private prisons since 2007, but it does
not prohibit their financing.
JUSTIFICATION:
When tenants are involved in any landlord-tenant action, whether to
assert their own legal rights or for other reasons, they thereafter find
themselves on a blacklist that keeps them from being able to secure
future housing.
Tenant blacklisting occurs when a tenant screening bureau purchases
electronic data about landlord-tenant actions from the court system.
The bureaus then compile the information into a list that they provide
to landlords conducting investigations about potential tenants.
This legislation would address tenant blacklisting by classifying it as
illegal discriminatory behavior. Tenant screening bureaus will be
prohibited from using Court records to form a tenant blacklist. Tenants
would no longer fear that asserting their legal rights would inhibit
them from finding housing in the future.
PRIOR LEGISLATIVE HISTORY:
2017-2018: S2184- Referred to investigations and Government Operations
2016: Died in Senate Investigations and Government Operations
2015: Died in Senate Investigations and Government Operations
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
