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February 22, 2010
"Ban pervs as supers: Schumer"
The title of this post is the (pitch-perfect?) headline from this story in today's New York Post, which documents the latest concern about the working habits of sex offenders. Here are the basics:There ought to be a law against giving convicted rapists the keys to tenants' apartments, Sen. Charles Schumer said yesterday. "The fact that these sex offenders have access to apartments where there are children present is beyond scary," Schumer said. "We must take immediate action to stop it."
Schumer was reacting to a Post story about William Barnason, a registered, high-risk sex offender who works as a super at several Upper West Side buildings where tenants have said he tried to shake them down for sex in exchange for help with their rent.
Barnason, 57, who spent more than 14 years in prison for attacks on three Long Island girls, has access to keys for more than 50 units in three buildings.
Schumer unveiled proposed legislation outside one of the buildings that Barnason oversees. The bill would prevent a sex offender from becoming a superintendent or manager in any multifamily apartment building across the country.
This longer article from the Epoch Times reports on some of Senator Schumer's additional comments in support of his new legislation:
"Unfortunately it’s completely legal for a convicted sex offender to become the superintendant or a building manager in any multifamily apartment building in New York, and the jobs almost always provide the offender with keys to the renters’ apartments in the buildings. Given the large number of sexual offenders in New York—there are 6,000—this is an issue that has to be dealt with immediately.”...
“There is no issue more important to New York than safety and security of our children and our homes. We just can’t allow sex offenders to have unfettered access to our apartments and our homes, but that’s what William Barnason, the super for these two buildings, had,” he said.
“My legislation will ban any sex offender from working as a superintendant and having keys to New Yorkers’ apartments without their explicit permission. Which means, in effect, it won’t happen. My bill builds on the work that is being done in New York and takes it nationwide.”...
Sen. Schumer said that not only do sex offenders often repeat their crimes after having served time for previous offenses, but also typically cross state lines, where the local law enforcement has no record of who they are. “They can be convicted of a sex crime in Idaho, they serve 20 years in jail, they get out of jail, and then they come to New York. Because when you cross state lines neither local law enforcement nor state law enforcement knows who you are and what you’re doing,” Schumer said. “I have led the charge in Washington [D.C.] to create a national registry to make sure that even when sex offenders cross state lines that local law enforcement and local communities know that they are here so that they can take the appropriate action.”
Schumer’s legislation would hold landlords, property managers, and property maintenance companies liable and subject to substantial fines for providing the keys of the residents to a sex offender without disclosing the convictions of the offender and obtaining signed consent from the tenant.
Despite all the talk of gridlock in Washington DC, I suspect Schumer's new sex offender bill has a real chance of generating bi-partisan support and finding its way into law.
February 22, 2010 at 05:20 PM | Permalink
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Comments
"Despite all the talk of gridlock in Washington DC, I suspect Schumer's new sex offender bill has a real chance of generating bi-partisan support and finding its way into law."
Who in their right mind would oppose it?
Posted by: JC | Feb 22, 2010 6:09:14 PM
"My legislation will ban any sex offender from working as a superintendant and having keys to New Yorkers’ apartments without their explicit permission. Which means, in effect, it won’t happen."
Ah, Senator Schumer is going to devise the first 100% effective legislation in the history of government. Good luck, Chuck.
Posted by: Kent Scheidegger | Feb 22, 2010 7:30:31 PM
I mean, why didn't anyone think about this in term of burglars? I wonder how many of them are apartment managers?
Posted by: Daniel | Feb 22, 2010 7:53:06 PM
Who in their right mind would oppose it?
Anyone with even a modicum of belief that the federal government is one of limited and enumerated powers. Good grief. If Chuckie wants to grandstand about this stuff, then he can quit Congress and run for the NY state legislature, whose responsibility this is, instead of pushing usurpative federal legislation.
Posted by: Anon Reader Dude | Feb 22, 2010 9:50:52 PM
I predict this legislation will fail. If a sex offender were to misbehave, there would be a lawsuit against the landlord for negligent hiring and negligent entrustment. A ban would reduce the likelihood of such litigation.
Posted by: Supremacy Claus | Feb 22, 2010 11:03:57 PM
If this law is such a great idea, why doesn’t the New York legislature pass it? Here is yet another idea for a federal law on an issue that ought properly to be left to the states.
Posted by: Marc Shepherd | Feb 23, 2010 9:00:04 AM
As I see it, the real scandal here is that a guy rapes three little girls and gets out of prison after 14 years. I mean, what do you have to do in New York State to get them to throw away the key?
Posted by: Alpino | Feb 23, 2010 11:59:07 AM
anon: "Anyone with even a modicum of belief that the federal government is one of limited and enumerated powers."
me: spending clause!
Congress says to state if you put the following restrictions restrictions on icky pervs you get money. State legislature says what an excellent plan - we get to have more restrictions on icky pervs and Congress pays for it!
Posted by: virginia | Feb 23, 2010 1:47:08 PM
Virginia: "spending clause! Congress says to state if you put the following restrictions on icky pervs you get money."
Reagan paved the way, with a national drinking age conditioned on federal highway money. All you neo-federalists complaining about nationalization of state responsibilities, blame Father Ron.
Posted by: Def. Atty. | Feb 23, 2010 3:15:06 PM
(Actually, I agree this is an area of state responsibility, and that such things do get over-nationalized. And I do blame Reagan.)
Posted by: Def. Atty. | Feb 23, 2010 3:19:20 PM
not me. i blame jfk for it all. He was killed 3 years too late as far as i'm concerned. he was the idiot who got the govt convinced i was put here to serve them. NOT the other way around.
Posted by: rodsmith3510 | Feb 24, 2010 4:06:20 PM
What happens when a super who isn't a sex offender (creepy yes, but sex offender, no) "shakes them down for sex"? maybe that will become a sex offense?
unfortunately, i think Alpino has the most likely prediction.
Posted by: Andrea | Feb 24, 2010 8:43:36 PM