Bill Text: NY A06276 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for a ninety day eligibility limitation on medical services not mandated by federal law.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-06 - referred to social services [A06276 Detail]
Download: New_York-2015-A06276-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6276 2015-2016 Regular Sessions I N A S S E M B L Y March 20, 2015 ___________ Introduced by M. of A. ENGLEBRIGHT, BRONSON, JAFFEE, PEOPLES-STOKES, ROSENTHAL, OTIS, MILLER, PERRY -- Multi-Sponsored by -- M. of A. FAHY, RYAN -- read once and referred to the Committee on Governmental Oper- ations AN ACT to amend the executive law, in relation to preventing housing discrimination against victims of domestic violence; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 34 of section 292 of the executive law is 2 REPEALED and a new subdivision 34 is added to read as follows: 3 34. THE TERM "VICTIM OF DOMESTIC VIOLENCE" SHALL HAVE THE SAME MEANING 4 AS IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE 5 SOCIAL SERVICES LAW. 6 S 2. Paragraph (a) of subdivision 2 of section 296 of the executive 7 law, as amended by chapter 106 of the laws of 2003, is amended to read 8 as follows: 9 (a) It shall be an unlawful discriminatory practice for any person, 10 being the owner, lessee, proprietor, manager, superintendent, agent or 11 employee of any place of public accommodation, resort or amusement, 12 because of the race, creed, color, national origin, sexual orientation, 13 military status, sex, [or] disability [or], marital status, OR STATUS AS 14 A VICTIM OF DOMESTIC VIOLENCE of any person, directly or indirectly, to 15 refuse, withhold from or deny to such person any of the accommodations, 16 advantages, facilities or privileges thereof, including the extension of 17 credit, or, directly or indirectly, to publish, circulate, issue, 18 display, post or mail any written or printed communication, notice or 19 advertisement, to the effect that any of the accommodations, advantages, 20 facilities and privileges of any such place shall be refused, withheld 21 from or denied to any person on account of race, creed, color, national 22 origin, sexual orientation, military status, sex, [or] disability [or], 23 marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or that the 24 patronage or custom thereat of any person of or purporting to be of any 25 particular race, creed, color, national origin, sexual orientation, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09563-01-5 A. 6276 2 1 military status, sex [or], marital status, OR STATUS AS A VICTIM OF 2 DOMESTIC VIOLENCE, or having a disability is unwelcome, objectionable or 3 not acceptable, desired or solicited. 4 S 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 5 296 of the executive law, paragraphs (a), (b) and (c) as amended and 6 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended 7 to read as follows: 8 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 9 hold from any person or group of persons such housing accommodations 10 because of the race, creed, color, disability, national origin, sexual 11 orientation, military status, age, sex, marital status, [or] familial 12 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or 13 persons, or to represent that any housing accommodation or land is not 14 available for inspection, sale, rental or lease when in fact it is so 15 available. 16 (b) To discriminate against any person because of his or her race, 17 creed, color, disability, national origin, sexual orientation, military 18 status, age, sex, marital status, [or] familial status, OR STATUS AS A 19 VICTIM OF DOMESTIC VIOLENCE in the terms, conditions or privileges of 20 any publicly-assisted housing accommodations or in the furnishing of 21 facilities or services in connection therewith. 22 (c) To cause to be made any written or oral inquiry or record concern- 23 ing the race, creed, color, disability, national origin, sexual orien- 24 tation, membership in the reserve armed forces of the United States or 25 in the organized militia of the state, age, sex, marital status, [or] 26 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of a person 27 seeking to rent or lease any publicly-assisted housing accommodation; 28 provided, however, that nothing in this subdivision shall prohibit a 29 member of the reserve armed forces of the United States or in the organ- 30 ized militia of the state from voluntarily disclosing such membership. 31 (c-1) To print or circulate or cause to be printed or circulated any 32 statement, advertisement or publication, or to use any form of applica- 33 tion for the purchase, rental or lease of such housing accommodation or 34 to make any record or inquiry in connection with the prospective 35 purchase, rental or lease of such a housing accommodation which 36 expresses, directly or indirectly, any limitation, specification or 37 discrimination as to race, creed, color, national origin, sexual orien- 38 tation, military status, sex, age, disability, marital status, [or] 39 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any 40 intent to make any such limitation, specification or discrimination. 41 S 4. Subdivisions 3-b and 4 of section 296 of the executive law, as 42 amended by chapter 106 of the laws of 2003, are amended to read as 43 follows: 44 3-b. It shall be an unlawful discriminatory practice for any real 45 estate broker, real estate salesperson or employee or agent thereof or 46 any other individual, corporation, partnership or organization for the 47 purpose of inducing a real estate transaction from which any such person 48 or any of its stockholders or members may benefit financially, to repre- 49 sent that a change has occurred or will or may occur in the composition 50 with respect to race, creed, color, national origin, sexual orientation, 51 military status, sex, disability, marital status, [or] familial status, 52 OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of the owners or occupants in 53 the block, neighborhood or area in which the real property is located, 54 and to represent, directly or indirectly, that this change will or may 55 result in undesirable consequences in the block, neighborhood or area in 56 which the real property is located, including but not limited to the A. 6276 3 1 lowering of property values, an increase in criminal or anti-social 2 behavior, or a decline in the quality of schools or other facilities. 3 4. It shall be an unlawful discriminatory practice for an education 4 corporation or association which holds itself out to the public to be 5 non-sectarian and exempt from taxation pursuant to the provisions of 6 article four of the real property tax law to deny the use of its facili- 7 ties to any person otherwise qualified, or to permit the harassment of 8 any student or applicant, by reason of his race, color, religion, disa- 9 bility, national origin, sexual orientation, military status, sex, age 10 [or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except 11 that any such institution which establishes or maintains a policy of 12 educating persons of one sex exclusively may admit students of only one 13 sex. 14 S 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296 15 of the executive law, as amended by chapter 106 of the laws of 2003, are 16 amended to read as follows: 17 (a) It shall be an unlawful discriminatory practice for the owner, 18 lessee, sub-lessee, assignee, or managing agent of, or other person 19 having the right to sell, rent or lease a housing accommodation, 20 constructed or to be constructed, or any agent or employee thereof: 21 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 22 from any person or group of persons such a housing accommodation because 23 of the race, creed, color, national origin, sexual orientation, military 24 status, sex, age, disability, marital status, [or] familial status, OR 25 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to 26 represent that any housing accommodation or land is not available for 27 inspection, sale, rental or lease when in fact it is so available. 28 (2) To discriminate against any person because of race, creed, color, 29 national origin, sexual orientation, military status, sex, age, disabil- 30 ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF 31 DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale, 32 rental or lease of any such housing accommodation or in the furnishing 33 of facilities or services in connection therewith. 34 (3) To print or circulate or cause to be printed or circulated any 35 statement, advertisement or publication, or to use any form of applica- 36 tion for the purchase, rental or lease of such housing accommodation or 37 to make any record or inquiry in connection with the prospective 38 purchase, rental or lease of such a housing accommodation which 39 expresses, directly or indirectly, any limitation, specification or 40 discrimination as to race, creed, color, national origin, sexual orien- 41 tation, military status, sex, age, disability, marital status, [or] 42 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any 43 intent to make any such limitation, specification or discrimination. 44 The provisions of this paragraph [(a)] shall not apply (1) to the 45 rental of a housing accommodation in a building which contains housing 46 accommodations for not more than two families living independently of 47 each other, if the owner resides in one of such housing accommodations, 48 (2) to the restriction of the rental of all rooms in a housing accommo- 49 dation to individuals of the same sex or (3) to the rental of a room or 50 rooms in a housing accommodation, if such rental is by the occupant of 51 the housing accommodation or by the owner of the housing accommodation 52 and the owner resides in such housing accommodation or (4) solely with 53 respect to age and familial status to the restriction of the sale, 54 rental or lease of housing accommodations exclusively to persons sixty- 55 two years of age or older and the spouse of any such person, or for 56 housing intended and operated for occupancy by at least one person A. 6276 4 1 fifty-five years of age or older per unit. In determining whether hous- 2 ing is intended and operated for occupancy by persons fifty-five years 3 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 4 federal Fair Housing Act of 1988, as amended, shall apply. 5 (b) It shall be an unlawful discriminatory practice for the owner, 6 lessee, sub-lessee, or managing agent of, or other person having the 7 right of ownership or possession of or the right to sell, rent or lease, 8 land or commercial space: 9 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 10 from any person or group of persons land or commercial space because of 11 the race, creed, color, national origin, sexual orientation, military 12 status, sex, age, disability, marital status, [or] familial status, OR 13 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to 14 represent that any housing accommodation or land is not available for 15 inspection, sale, rental or lease when in fact it is so available; 16 (2) To discriminate against any person because of race, creed, color, 17 national origin, sexual orientation, military status, sex, age, disabil- 18 ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF 19 DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale, 20 rental or lease of any such land or commercial space; or in the furnish- 21 ing of facilities or services in connection therewith; 22 (3) To print or circulate or cause to be printed or circulated any 23 statement, advertisement or publication, or to use any form of applica- 24 tion for the purchase, rental or lease of such land or commercial space 25 or to make any record or inquiry in connection with the prospective 26 purchase, rental or lease of such land or commercial space which 27 expresses, directly or indirectly, any limitation, specification or 28 discrimination as to race, creed, color, national origin, sexual orien- 29 tation, military status, sex, age, disability, marital status, [or] 30 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE; or any 31 intent to make any such limitation, specification or discrimination. 32 (4) With respect to age and familial status, the provisions of this 33 paragraph shall not apply to the restriction of the sale, rental or 34 lease of land or commercial space exclusively to persons fifty-five 35 years of age or older and the spouse of any such person, or to the 36 restriction of the sale, rental or lease of land to be used for the 37 construction, or location of housing accommodations exclusively for 38 persons sixty-two years of age or older, or intended and operated for 39 occupancy by at least one person fifty-five years of age or older per 40 unit. In determining whether housing is intended and operated for occu- 41 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 42 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 43 amended, shall apply. 44 (c) It shall be an unlawful discriminatory practice for any real 45 estate broker, real estate salesperson or employee or agent thereof: 46 (1) To refuse to sell, rent or lease any housing accommodation, land 47 or commercial space to any person or group of persons or to refuse to 48 negotiate for the sale, rental or lease, of any housing accommodation, 49 land or commercial space to any person or group of persons because of 50 the race, creed, color, national origin, sexual orientation, military 51 status, sex, age, disability, marital status, [or] familial status, OR 52 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to 53 represent that any housing accommodation, land or commercial space is 54 not available for inspection, sale, rental or lease when in fact it is 55 so available, or otherwise to deny or withhold any housing accommo- 56 dation, land or commercial space or any facilities of any housing accom- A. 6276 5 1 modation, land or commercial space from any person or group of persons 2 because of the race, creed, color, national origin, sexual orientation, 3 military status, sex, age, disability, marital status, [or] familial 4 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or 5 persons. 6 (2) To print or circulate or cause to be printed or circulated any 7 statement, advertisement or publication, or to use any form of applica- 8 tion for the purchase, rental or lease of any housing accommodation, 9 land or commercial space or to make any record or inquiry in connection 10 with the prospective purchase, rental or lease of any housing accommo- 11 dation, land or commercial space which expresses, directly or indirect- 12 ly, any limitation, specification, or discrimination as to race, creed, 13 color, national origin, sexual orientation, military status, sex, age, 14 disability, marital status, [or] familial status, OR STATUS AS A VICTIM 15 OF DOMESTIC VIOLENCE; or any intent to make any such limitation, spec- 16 ification or discrimination. 17 (3) With respect to age and familial status, the provisions of this 18 paragraph shall not apply to the restriction of the sale, rental or 19 lease of any land or commercial space exclusively to persons fifty-five 20 years of age or older and the spouse of any such person, or to the 21 restriction of the sale, rental or lease of any housing accommodation or 22 land to be used for the construction or location of housing accommo- 23 dations for persons sixty-two years of age or older, or intended and 24 operated for occupancy by at least one person fifty-five years of age or 25 older per unit. In determining whether housing is intended and operated 26 for occupancy by persons fifty-five years of age or older, Sec. 807 (b) 27 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 28 1988, as amended, shall apply. 29 (d) It shall be an unlawful discriminatory practice for any real 30 estate board, because of the race, creed, color, national origin, sexual 31 orientation, military status, age, sex, disability, marital status, [or] 32 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of any indi- 33 vidual who is otherwise qualified for membership, to exclude or expel 34 such individual from membership, or to discriminate against such indi- 35 vidual in the terms, conditions and privileges of membership in such 36 board. 37 S 6. Section 296 of the executive law is amended by adding a new 38 subdivision 22 to read as follows: 39 22. NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN 40 OWNER, LESSEE, SUBLESSEE, ASSIGNEE OR MANAGING AGENT OF ANY HOUSING 41 ACCOMMODATION, PUBLIC OR PRIVATE, OR OTHER PERSON HAVING THE RIGHT OF 42 OWNERSHIP OR POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH AN ACCOM- 43 MODATION, FROM MAKING ANY INQUIRY OR OBTAINING OR RETAINING INFORMATION 44 ABOUT AN INDIVIDUAL'S DOMESTIC VIOLENCE VICTIM STATUS SOLELY FOR THE 45 PURPOSE OF: 46 (A) PROVIDING OR PRESERVING RESIDENCY IN ANY PUBLIC OR PRIVATE HOUSING 47 FOR THAT VICTIM OF DOMESTIC VIOLENCE; 48 (B) PROVIDING ANY OTHER ASSISTANCE TO A VICTIM OF DOMESTIC VIOLENCE, 49 THE PURPOSE OF WHICH IS TO ASSIST RATHER THAN TO HINDER OBTAINING OR 50 RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR 51 (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN APPLICANT, TENANT, OR 52 LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE. 53 S 7. This act shall take effect on the ninetieth day after it shall 54 have become a law.