Bill Text: NY A09526 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Relates to providing that there is no exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of certain apartments.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-25 - reported referred to codes [A09526 Detail]

Download: New_York-2019-A09526-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9526

                   IN ASSEMBLY

                                    January 24, 2020
                                       ___________

        Introduced  by  M. of A. BUCHWALD, ZEBROWSKI -- (at request of the Divi-
          sion of Human Rights) -- read once and referred to  the  Committee  on
          Governmental Operations

        AN  ACT  to amend the executive law, in relation to providing that there
          is no exemption from the requirement of  nondiscrimination  in  adver-
          tisements and inquiries for the rental of an apartment in an owner-oc-
          cupied two-unit dwelling, or for the rental of rooms in an owner-occu-
          pied  dwelling,  and  that  engaging  in discriminatory advertising or
          inquiries will cause the property to no longer  be  exempt  from  full
          coverage by the nondiscrimination provisions of the human rights law

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The closing paragraph of subparagraph 3 of paragraph (a) of
     2  subdivision 5 of section 296 of the executive law, as amended by chapter
     3  8 of the laws of 2019, is amended to read as follows:
     4    (4) (i) The provisions of subparagraphs one and two of this  paragraph
     5  [(a)]  shall not apply [(1)] to the rental of a housing accommodation in
     6  a building which contains housing accommodations for not more  than  two
     7  families living independently of each other, if the owner resides in one
     8  of such housing accommodations[, (2) to the restriction of the rental of
     9  all  rooms  in a housing accommodation to individuals of the same sex or
    10  (3) to the rental of a room or rooms in a housing accommodation, if such
    11  rental is by the occupant of the housing accommodation or by  the  owner
    12  of  the  housing  accommodation  and  the  owner resides in such housing
    13  accommodation or (4) solely with respect to age and familial  status  to
    14  the  restriction  of the sale, rental or lease of housing accommodations
    15  exclusively to persons sixty-two years of age or older and the spouse of
    16  any such person, or for housing intended and operated for  occupancy  by
    17  at least one person fifty-five years of age or older per unit. In deter-
    18  mining whether housing is intended and operated for occupancy by persons
    19  fifty-five  years  of  age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
    20  (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
    21  apply]. However, such rental property shall no longer be exempt from the
    22  provisions  of such subparagraphs one and two of this paragraph if there

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09280-01-9
        A. 9526                             2

     1  is unlawful discriminatory conduct pursuant  to  subparagraph  three  of
     2  this paragraph.
     3    (ii)  The provisions of subparagraphs one, two and three of this para-
     4  graph shall not apply (A) to the restriction of the rental of all  rooms
     5  in  a  housing  accommodation to individuals of the same sex, (B) to the
     6  rental of a room or rooms in a housing accommodation, if such rental  is
     7  by  the  occupant  of  the  housing accommodation or by the owner of the
     8  housing accommodation and the owner resides  in  such  housing  accommo-
     9  dation,  or  (C)  solely  with respect to age and familial status to the
    10  restriction of the sale,  rental  or  lease  of  housing  accommodations
    11  exclusively to persons sixty-two years of age or older and the spouse of
    12  any  such  person, or for housing intended and operated for occupancy by
    13  at least one person fifty-five years of age or older per unit. In deter-
    14  mining whether housing is intended and operated for occupancy by persons
    15  fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
    16  (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
    17  apply.
    18    § 2. This act shall take effect on the  same  date  and  in  the  same
    19  manner as section 11 of chapter 8 of the laws of 2019.