S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4955
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2015
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the civil rights law, in relation to the right  to  call
         for police and emergency assistance and providing victim protections
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 9 and sections 90 and 91 of the civil  rights  law,
    2  as renumbered by chapter 310 of the laws of 1962, are renumbered article
    3  10  and  sections  100  and 101, and a new article 9 is added to read as
    4  follows:
    5                                  ARTICLE 9
    6                     RIGHT TO CALL POLICE AND EMERGENCY
    7                        ASSISTANCE/VICTIM PROTECTIONS
    8  SECTION 90. LEGISLATIVE FINDINGS.
    9          91. RIGHT TO CALL FOR POLICE AND  EMERGENCY  ASSISTANCE;  VICTIM
   10                PROTECTIONS.
   11          92. PROTECTIONS  NOT  APPLICABLE  TO  BREACHES OF LEASE, ILLICIT
   12                ACTIVITIES OR OTHER VIOLATIONS OF LAW.
   13          93. RIGHT OF PROPERTY OWNERS TO BE FREE OF PENALTY FOR  RESPECT-
   14                ING  THE  RIGHTS OF AN OCCUPANT TO REQUEST POLICE OR EMER-
   15                GENCY ASSISTANCE.
   16          94. LIMITATION ON RIGHT TO REQUEST POLICE OR  EMERGENCY  ASSIST-
   17                ANCE PROHIBITED.
   18          95. DEFENSES.
   19          96. REMOVAL  OF  THE  PERPETRATOR  OF  VIOLENCE  WHILE  ASSURING
   20                CONTINUED OCCUPANCY BY VICTIM.
   21          97. REMEDIES.
   22          98. GUIDANCE AUTHORIZED.
   23    S 90. LEGISLATIVE FINDINGS. NO VICTIM OF DOMESTIC VIOLENCE,  OR  OTHER
   24  PERSON  THREATENED  WITH VIOLENCE OR IN JEOPARDY OF HARM, SHOULD FAIL TO
   25  ACCESS POLICE OR EMERGENCY ASSISTANCE WHEN NEEDED BECAUSE  OF  THE  FEAR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03311-01-5
       S. 4955                             2
    1  THAT  DOING  SO  MAY  RESULT IN LOSING THEIR HOUSING THROUGH EVICTION OR
    2  OTHER ACTIONS TO REMOVE THEM FROM THE PROPERTY. SOME LOCAL LAWS OR POLI-
    3  CIES HAVE THE EFFECT OF TREATING SUCH REQUESTS FOR POLICE  OR  EMERGENCY
    4  AID  AS  A  DISTURBANCE  CONSTITUTING  A  "PUBLIC NUISANCE" OR OTHERWISE
    5  TREATING THE INDIVIDUAL FACED WITH THE VIOLENCE AND IN NEED  OF  ASSIST-
    6  ANCE  AS AN UNDESIRABLE TENANT OR UNDESIRABLE INFLUENCE ON THE NEIGHBOR-
    7  HOOD BASED UPON A CALL FOR HELP TO THEIR HOME. LEGISLATION IS NEEDED  TO
    8  ASSURE  THAT  VICTIMS OF VIOLENCE OR THREATS OF HARM OR VIOLENCE ARE NOT
    9  PENALIZED IN RELATION TO ANY LAW ENFORCEMENT ACTIVITY  AND  INTERVENTION
   10  NECESSARY TO ADDRESS OFFENDER ACCOUNTABILITY AND VICTIM SAFETY.
   11    MUNICIPALITIES  THROUGHOUT  THE STATE HAVE INCREASINGLY BEGUN TO ADOPT
   12  LOCAL LAWS AND ORDINANCES TO ADDRESS PUBLIC NUISANCES  OR  OTHER  INTRU-
   13  SIONS ON THE QUIET ENJOYMENT OF THEIR RESIDENTS AND COMMUNITIES. DESPITE
   14  THEIR  INTENT  TO  AID COMMUNITIES, OVERLY BROAD ORDINANCES HAVE INSTEAD
   15  HAD A HARMFUL CHILLING EFFECT DETERRING VICTIMS OF  VIOLENCE  AND  CRIME
   16  FROM  ACCESSING  POLICE  ASSISTANCE  AND HAVE JEOPARDIZED PUBLIC SAFETY.
   17  GIVEN THE NEGATIVE IMPACT THAT CERTAIN PROVISIONS HAVE ON THE  COMMUNITY
   18  AT LARGE, AND TO VICTIMS OF CRIME IN PARTICULAR, REMEDIAL LEGISLATION IS
   19  NECESSARY  THAT  WILL  BOTH  PROTECT THE RIGHTS OF DOMESTIC VIOLENCE AND
   20  CRIME VICTIMS TO ACCESS ESSENTIAL POLICE ASSISTANCE, AS WELL AS PRESERVE
   21  THE LOCALITY'S RIGHT TO ADDRESS CONDUCT THAT MAY UNDERMINE THE  COMMUNI-
   22  TY'S SAFETY OR INTEGRITY.
   23    THE  LEGISLATURE  THEREFORE  FINDS THAT IT IS DESIRABLE TO CLARIFY THE
   24  LAW IN THIS AREA IN ORDER TO PROTECT WOMEN AND OTHERS FROM VIOLENCE  AND
   25  CRIME.
   26    THE  LEGISLATURE  FURTHER  FINDS  THAT  THERE IS A NEED TO ASSURE THAT
   27  VICTIMS OF VIOLENCE, INCLUDING PERSONS THREATENED WITH HARM OR VIOLENCE,
   28  HAVE A CLEAR RIGHT TO ACCESS ASSISTANCE TO PROTECT  PERSONAL  OR  PUBLIC
   29  SAFETY.
   30    THE  LEGISLATURE  FINALLY  FINDS  THAT CLARIFICATION IN THIS AREA WILL
   31  ADVANCE THE STATE'S INTEREST IN STOPPING CRIME AND FURTHER THE  AIMS  OF
   32  PENAL  LAWS  THAT DEPEND ON CITIZENS TO REPORT INCIDENTS OF CRIME TO LAW
   33  ENFORCEMENT.
   34    WITH THIS REMEDIAL LEGISLATION THE  LEGISLATURE  SPECIFICALLY  INTENDS
   35  THAT  THE COVERAGE OF THIS ARTICLE INCLUDES, BUT IS NOT LIMITED TO, LAWS
   36  OR ORDINANCES THAT USE ANY FORM  OF  CUMULATIVE  POINT  SYSTEM  FOR  THE
   37  PURPOSE  OF  IDENTIFYING ANY PERSONS OR PROPERTIES WHO OR WHICH WOULD BE
   38  SUBJECT TO MUNICIPAL ENFORCEMENT ACTION.
   39    S 91. RIGHT TO  CALL  FOR  POLICE  AND  EMERGENCY  ASSISTANCE;  VICTIM
   40  PROTECTIONS.  1.    ANY  PERSON WHO IS A VICTIM OF DOMESTIC VIOLENCE, AS
   41  DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW,
   42  OR WHO OTHERWISE BELIEVES HE OR SHE IS IN NEED OF  POLICE  OR  EMERGENCY
   43  ASSISTANCE  HAS  THE  RIGHT TO REQUEST SUCH ASSISTANCE AND TO BE FREE OF
   44  ANY DIRECT OR INDIRECT PENALTY OR REPRISAL FOR ACCESSING ASSISTANCE,  OR
   45  BECAUSE HE OR SHE RESIDES AT A PROPERTY WHERE DOMESTIC VIOLENCE OR OTHER
   46  LAW  ENFORCEMENT  ACTIVITY  OCCURRED.  OTHER THAN AS PROVIDED IN SECTION
   47  NINETY-TWO OF THIS ARTICLE, NO VICTIM OF CONDUCT WHICH HAS BEEN USED  AS
   48  THE  GROUNDS FOR THE APPLICATION OF A LOCAL LAW OR ORDINANCE ESTABLISHED
   49  FOR THE PURPOSE OF REGULATING NUISANCES SHALL BE DIRECTLY OR  INDIRECTLY
   50  PENALIZED, OR OTHERWISE SUBJECT TO REPRISAL BY APPLICATION OF SUCH LOCAL
   51  LAW,  INCLUDING  BY  TERMINATION  OR  REFUSAL  TO  RENEW A TENANCY OR BY
   52  EVICTION.
   53    2. NO RESIDENTIAL OCCUPANT SHALL BE  REQUIRED,  EITHER  ORALLY  OR  IN
   54  WRITING,  TO  WAIVE RIGHTS UNDER THIS ARTICLE, AND ANY SUCH WAIVER SHALL
   55  BE VOID AND UNENFORCEABLE.
       S. 4955                             3
    1    S 92. PROTECTIONS NOT APPLICABLE TO BREACHES OF LEASE, ILLICIT  ACTIV-
    2  ITIES  OR OTHER VIOLATIONS OF LAW. THE PROTECTIONS OF THIS ARTICLE SHALL
    3  NOT BE DEEMED TO PROHIBIT A MUNICIPALITY FROM ENFORCING AN ORDINANCE  OR
    4  LOCAL  LAW, NOR RESTRICT A LANDLORD FROM TERMINATING, EVICTING OR REFUS-
    5  ING  TO RENEW A TENANCY, WHEN SUCH ACTION IS PREMISED UPON GROUNDS OTHER
    6  THAN ACCESS OF POLICE OR EMERGENCY ASSISTANCE OR IS  OTHERWISE  PREMISED
    7  ON CONDUCT UNRELATED TO THE RESIDENTIAL OCCUPANT'S STATUS AS A TARGET OR
    8  VICTIM OF VIOLENCE OR HARM.
    9    S  93.  RIGHT  OF PROPERTY OWNERS TO BE FREE OF PENALTY FOR RESPECTING
   10  THE RIGHTS OF AN OCCUPANT TO REQUEST POLICE OR EMERGENCY ASSISTANCE.  NO
   11  LANDLORD OR OTHER PROPERTY OWNER SHALL BE SUBJECT TO FINES  OR  LOSS  OF
   12  PERMITS  OR  LICENSES  BY  A  MUNICIPALITY  FOR FAILING TO TAKE STEPS TO
   13  REMOVE AN OCCUPANT WHO HAS EXERCISED RIGHTS UNDER THIS ARTICLE.
   14    S 94. LIMITATION ON RIGHT TO REQUEST POLICE  OR  EMERGENCY  ASSISTANCE
   15  PROHIBITED.    A MUNICIPALITY, MUNICIPAL AUTHORITY, LANDLORD OR PROPERTY
   16  OWNER SHALL NOT PROHIBIT, RESTRICT, PENALIZE OR IN ANY OTHER WAY DIRECT-
   17  LY OR INDIRECTLY LIMIT ANY PERSON'S EXERCISE OF RIGHTS UNDER THIS  ARTI-
   18  CLE. THE PROTECTIONS OF THIS PROHIBITION SHALL EXTEND TO ANY RESIDENTIAL
   19  OCCUPANT  UPON WHOSE BEHALF A THIRD PARTY HAS CALLED FOR POLICE OR EMER-
   20  GENCY ASSISTANCE.
   21    S 95. DEFENSES. 1.  IT IS A DEFENSE TO ANY JUDICIAL OR  ADMINISTRATIVE
   22  ACTION  OR  PROCEEDING  TAKEN BY ANY MUNICIPALITY OR MUNICIPAL AUTHORITY
   23  ENFORCING ANY LOCAL LAW OR ORDINANCE THAT THE ENFORCEMENT ACTION DIRECT-
   24  LY OR INDIRECTLY PENALIZES A RESIDENTIAL OCCUPANT OR PROPERTY OWNER  FOR
   25  THE  EXERCISE  OF  RIGHTS UNDER THIS ARTICLE. PRIOR TO INITIATION OF ANY
   26  SUCH ENFORCEMENT ACTION OR PROCEEDING ALL PARTIES  AND  ANY  RESIDENTIAL
   27  OCCUPANT  THAT  MAY  BE SO IMPACTED SHALL BE GIVEN WRITTEN NOTICE BY THE
   28  MUNICIPALITY OF THE PROTECTIONS OF THIS ARTICLE AND SHALL HAVE THE RIGHT
   29  TO BE HEARD IN THE ACTION OR PROCEEDING TO ADVANCE THE DEFENSES PROVIDED
   30  BY THIS ARTICLE.
   31    2. IT IS A DEFENSE IN ANY ACTION OR PROCEEDING BY A LANDLORD OR  OTHER
   32  OWNER  OF  REAL  PROPERTY TO REGAIN POSSESSION OF THAT PROPERTY THAT THE
   33  ACTION OR PROCEEDING DIRECTLY  OR  INDIRECTLY  PENALIZES  A  RESIDENTIAL
   34  OCCUPANT FOR THE EXERCISE OF RIGHTS UNDER THIS ARTICLE.  ANY RESIDENTIAL
   35  OCCUPANT  WHOSE  RIGHT  TO  CONTINUED  OCCUPANCY  MAY BE IMPACTED BY THE
   36  OUTCOME SHALL BE GIVEN NOTICE OF THE ACTION OR PROCEEDING BY  THE  PARTY
   37  INITIATING  THE  ACTION OR PROCEEDING AND SHALL HAVE THE RIGHT TO APPEAR
   38  AS A NECESSARY PARTY IN ACCORDANCE WITH  THE  PROVISIONS  OF  THE  CIVIL
   39  PRACTICE LAW AND RULES AND THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
   40  IN ORDER TO ADVANCE THE DEFENSES PROVIDED BY THIS ARTICLE.
   41    S  96. REMOVAL OF THE PERPETRATOR OF VIOLENCE WHILE ASSURING CONTINUED
   42  OCCUPANCY BY VICTIM.  ACTIONS INCLUDING TERMINATION, EVICTION OR REFUSAL
   43  TO RENEW A LEASEHOLD INTEREST OR TERMINATION OF ANY OTHER FORM OF LAWFUL
   44  OCCUPANCY THROUGH A JUDICIAL PROCEEDING MAY BE CARRIED OUT  AGAINST  THE
   45  PERPETRATOR  OF  SUCH VIOLENCE OR HARM.  NOTWITHSTANDING THE TERMS OF AN
   46  EXISTING LEASE, WRITTEN OR ORAL, OR OTHER FORM OF  OCCUPANCY  AGREEMENT,
   47  ANY  PERSON  WITH RIGHTS DESCRIBED IN SECTION NINETY-ONE OF THIS ARTICLE
   48  SHALL HAVE THE RIGHT TO CONTINUE IN OCCUPANCY,  AND  THE  COURT  MAY  SO
   49  ORDER,  FOR  A  TERM  EQUIVALENT TO THE BALANCE OF THE ORIGINAL TERM AND
   50  UNDER THE SAME TERMS AND CONDITIONS AS PROVIDED IN THE ORIGINAL LEASE OR
   51  OCCUPANCY AGREEMENT.
   52    S 97. REMEDIES.  ANY PERSON OR ENTITY AGGRIEVED BY A VIOLATION OF  THE
   53  PROTECTIONS  CREATED  BY  THIS  ARTICLE SHALL HAVE THE RIGHT TO BRING AN
   54  ACTION OR SPECIAL PROCEEDING IN A COURT OF APPROPRIATE  JURISDICTION  TO
   55  SEEK  DAMAGES  AND/OR  DECLARATORY AND INJUNCTIVE RELIEF WITH RESPECT TO
       S. 4955                             4
    1  SUCH VIOLATION. A PREVAILING PLAINTIFF MAY BE ENTITLED TO  AN  AWARD  OF
    2  COSTS AND ATTORNEY'S FEES.
    3    S  98.  GUIDANCE  AUTHORIZED.    THE  NEW  YORK  STATE  OFFICE FOR THE
    4  PREVENTION OF DOMESTIC VIOLENCE AND THE  DIVISION  OF  CRIMINAL  JUSTICE
    5  SERVICES,  UPON  CONSULTATION  WITH THE OTHER, ARE JOINTLY AUTHORIZED TO
    6  PROVIDE GUIDANCE WITH RESPECT TO DRAFTING OF LOCAL  NUISANCE  ORDINANCES
    7  AND  EVALUATION  OF  THEIR  IMPACT  ON  ACCESS  TO  POLICE AND EMERGENCY
    8  SERVICES.
    9    S 2. This act shall take effect immediately and  shall  apply  to  all
   10  pending actions and proceedings.