Bill Text: NY S00151 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to rental discrimination based on income.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00151 Detail]
Download: New_York-2015-S00151-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
151--A
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. SQUADRON, ADDABBO, HAMILTON, HOYLMAN, KENNEDY, PARK-
ER -- read twice and ordered printed, and when printed to be committed
to the Committee on Investigations and Government Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to discrimination based
upon the income of persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 292 of the executive law is amended by adding a new
2 subdivision 35 to read as follows:
3 35. THE TERM "SOURCE OF INCOME" SHALL INCLUDE: WAGES FROM LAWFUL
4 EMPLOYMENT; CHILD SUPPORT; ALIMONY; FOSTER CARE SUBSIDIES; INCOME
5 DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF FEDERAL, STATE OR LOCAL
6 PUBLIC ASSISTANCE; HOUSING AND RENTAL SUBSIDIES AND ASSISTANCE, INCLUD-
7 ING SECTION 8 VOUCHERS; SAVINGS, INVESTMENT AND TRUST ACCOUNTS; AND ANY
8 OTHER FORMS OF LAWFUL INCOME.
9 S 2. Paragraph (a) of subdivision 2 of section 296 of the executive
10 law, as amended by chapter 106 of the laws of 2003, is amended to read
11 as follows:
12 (a) It shall be an unlawful discriminatory practice for any person,
13 being the owner, lessee, proprietor, manager, superintendent, agent or
14 employee of any place of public accommodation, resort or amusement,
15 because of the race, creed, color, national origin, sexual orientation,
16 military status, sex, SOURCE OF INCOME, or disability or marital status
17 of any person, directly or indirectly, to refuse, withhold from or deny
18 to such person any of the accommodations, advantages, facilities or
19 privileges thereof, including the extension of credit, or, directly or
20 indirectly, to publish, circulate, issue, display, post or mail any
21 written or printed communication, notice or advertisement, to the effect
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00173-04-5
S. 151--A 2
1 that any of the accommodations, advantages, facilities and privileges of
2 any such place shall be refused, withheld from or denied to any person
3 on account of race, creed, color, national origin, sexual orientation,
4 military status, sex, SOURCE OF INCOME, or disability or marital status,
5 or that the patronage or custom thereat of any person of or purporting
6 to be of any particular race, creed, color, national origin, sexual
7 orientation, military status, SOURCE OF INCOME, sex or marital status,
8 or having a disability is unwelcome, objectionable or not acceptable,
9 desired or solicited.
10 S 3. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of
11 the executive law, as amended by chapter 106 of the laws of 2003, are
12 amended to read as follows:
13 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
14 hold from any person or group of persons such housing accommodations
15 because of the race, creed, color, disability, national origin, sexual
16 orientation, military status, age, sex, marital status, [or] familial
17 status, OR SOURCE OF INCOME of such person or persons, or to represent
18 that any housing accommodation or land is not available for inspection,
19 sale, rental or lease when in fact it is so available.
20 (b) To discriminate against any person because of his or her race,
21 creed, color, disability, national origin, sexual orientation, military
22 status, age, sex, marital status, [or] familial status, OR SOURCE OF
23 INCOME in the terms, conditions or privileges of any publicly-assisted
24 housing accommodations or in the furnishing of facilities or services in
25 connection therewith.
26 (c) To cause to be made any written or oral inquiry or record concern-
27 ing the race, creed, color, disability, national origin, sexual orien-
28 tation, membership in the reserve armed forces of the United States or
29 in the organized militia of the state, age, sex, marital status, [or]
30 familial status, OR SOURCE OF INCOME of a person seeking to rent or
31 lease any publicly-assisted housing accommodation; provided, however,
32 that nothing in this subdivision shall prohibit a member of the reserve
33 armed forces of the United States or in the organized militia of the
34 state from voluntarily disclosing such membership.
35 S 4. Subdivision 5 of section 296 of the executive law, as amended by
36 chapter 106 of the laws of 2003, is amended to read as follows:
37 5. (a) It shall be an unlawful discriminatory practice for the owner,
38 lessee, sub-lessee, assignee, or managing agent of, or other person
39 having the right to sell, rent or lease a housing accommodation,
40 constructed or to be constructed, or any agent or employee thereof:
41 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
42 from any person or group of persons such a housing accommodation because
43 of the race, creed, color, national origin, sexual orientation, military
44 status, sex, age, disability, marital status, [or] familial status, OR
45 SOURCE OF INCOME of such person or persons, or to represent that any
46 housing accommodation or land is not available for inspection, sale,
47 rental or lease when in fact it is so available.
48 (2) To discriminate against any person because of race, creed, color,
49 national origin, sexual orientation, military status, sex, age, disabil-
50 ity, marital status, [or] familial status, OR SOURCE OF INCOME in the
51 terms, conditions or privileges of the sale, rental or lease of any such
52 housing accommodation or in the furnishing of facilities or services in
53 connection therewith.
54 (3) To print or circulate or cause to be printed or circulated any
55 statement, advertisement or publication, or to use any form of applica-
56 tion for the purchase, rental or lease of such housing accommodation or
S. 151--A 3
1 to make any record or inquiry in connection with the prospective
2 purchase, rental or lease of such a housing accommodation which
3 expresses, directly or indirectly, any limitation, specification or
4 discrimination as to race, creed, color, national origin, sexual orien-
5 tation, military status, sex, age, disability, marital status, [or]
6 familial status, OR SOURCE OF INCOME, or any intent to make any such
7 limitation, specification or discrimination.
8 The provisions of this paragraph [(a)] shall not apply[(1)] : (I) to
9 the rental of a housing accommodation in a building which contains hous-
10 ing accommodations for not more than two families living independently
11 of each other, if the owner resides in one of such housing accommo-
12 dations, [(2)] (II) to the restriction of the rental of all rooms in a
13 housing accommodation to individuals of the same sex or [(3)] (III) to
14 the rental of a room or rooms in a housing accommodation, if such rental
15 is by the occupant of the housing accommodation or by the owner of the
16 housing accommodation and the owner resides in such housing accommo-
17 dation or [(4)] (IV) solely with respect to age and familial status to
18 the restriction of the sale, rental or lease of housing accommodations
19 exclusively to persons sixty-two years of age or older and the spouse of
20 any such person, or for housing intended and operated for occupancy by
21 at least one person fifty-five years of age or older per unit. In deter-
22 mining whether housing is intended and operated for occupancy by persons
23 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
24 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
25 apply.
26 (b) It shall be an unlawful discriminatory practice for the owner,
27 lessee, sub-lessee, or managing agent of, or other person having the
28 right of ownership or possession of or the right to sell, rent or lease,
29 land or commercial space:
30 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
31 from any person or group of persons land or commercial space because of
32 the race, creed, color, national origin, sexual orientation, military
33 status, sex, age, disability, marital status, [or] familial status, OR
34 SOURCE OF INCOME of such person or persons, or to represent that any
35 housing accommodation or land is not available for inspection, sale,
36 rental or lease when in fact it is so available;
37 (2) To discriminate against any person because of race, creed, color,
38 national origin, sexual orientation, military status, sex, age, disabil-
39 ity, marital status, [or] familial status, OR SOURCE OF INCOME in the
40 terms, conditions or privileges of the sale, rental or lease of any such
41 land or commercial space; or in the furnishing of facilities or services
42 in connection therewith;
43 (3) To print or circulate or cause to be printed or circulated any
44 statement, advertisement or publication, or to use any form of applica-
45 tion for the purchase, rental or lease of such land or commercial space
46 or to make any record or inquiry in connection with the prospective
47 purchase, rental or lease of such land or commercial space which
48 expresses, directly or indirectly, any limitation, specification or
49 discrimination as to race, creed, color, national origin, sexual orien-
50 tation, military status, sex, age, disability, marital status, [or]
51 familial status, OR SOURCE OF INCOME; or any intent to make any such
52 limitation, specification or discrimination.
53 (4) With respect to age and familial status, the provisions of this
54 paragraph shall not apply to the restriction of the sale, rental or
55 lease of land or commercial space exclusively to persons fifty-five
56 years of age or older and the spouse of any such person, or to the
S. 151--A 4
1 restriction of the sale, rental or lease of land to be used for the
2 construction, or location of housing accommodations exclusively for
3 persons sixty-two years of age or older, or intended and operated for
4 occupancy by at least one person fifty-five years of age or older per
5 unit. In determining whether housing is intended and operated for occu-
6 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
7 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
8 amended, shall apply.
9 (c) It shall be an unlawful discriminatory practice for any real
10 estate broker, real estate salesperson or employee or agent thereof:
11 (1) To refuse to sell, rent or lease any housing accommodation, land
12 or commercial space to any person or group of persons or to refuse to
13 negotiate for the sale, rental or lease, of any housing accommodation,
14 land or commercial space to any person or group of persons because of
15 the race, creed, color, national origin, sexual orientation, military
16 status, sex, age, disability, marital status, [or] familial status, OR
17 SOURCE OF INCOME of such person or persons, or to represent that any
18 housing accommodation, land or commercial space is not available for
19 inspection, sale, rental or lease when in fact it is so available, or
20 otherwise to deny or withhold any housing accommodation, land or commer-
21 cial space or any facilities of any housing accommodation, land or
22 commercial space from any person or group of persons because of the
23 race, creed, color, national origin, sexual orientation, military
24 status, sex, age, disability, marital status, [or] familial status, OR
25 SOURCE OF INCOME of such person or persons.
26 (2) To print or circulate or cause to be printed or circulated any
27 statement, advertisement or publication, or to use any form of applica-
28 tion for the purchase, rental or lease of any housing accommodation,
29 land or commercial space or to make any record or inquiry in connection
30 with the prospective purchase, rental or lease of any housing accommo-
31 dation, land or commercial space which expresses, directly or indirect-
32 ly, any limitation, specification, or discrimination as to race, creed,
33 color, national origin, sexual orientation, military status, sex, age,
34 disability, marital status, [or] familial status, OR SOURCE OF INCOME;
35 or any intent to make any such limitation, specification or discrimi-
36 nation.
37 (3) With respect to age and familial status, the provisions of this
38 paragraph shall not apply to the restriction of the sale, rental or
39 lease of any land or commercial space exclusively to persons fifty-five
40 years of age or older and the spouse of any such person, or to the
41 restriction of the sale, rental or lease of any housing accommodation or
42 land to be used for the construction or location of housing accommo-
43 dations for persons sixty-two years of age or older, or intended and
44 operated for occupancy by at least one person fifty-five years of age or
45 older per unit. In determining whether housing is intended and operated
46 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
47 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
48 1988, as amended, shall apply.
49 (d) It shall be an unlawful discriminatory practice for any real
50 estate board, because of the race, creed, color, national origin, sexual
51 orientation, military status, age, sex, disability, marital status, [or]
52 familial status, OR SOURCE OF INCOME of any individual who is otherwise
53 qualified for membership, to exclude or expel such individual from
54 membership, or to discriminate against such individual in the terms,
55 conditions and privileges of membership in such board.
S. 151--A 5
1 (e) It shall be an unlawful discriminatory practice for the owner,
2 proprietor or managing agent of, or other person having the right to
3 provide care and services in, a private proprietary nursing home, conva-
4 lescent home, or home for adults, or an intermediate care facility, as
5 defined in section two of the social services law, heretofore
6 constructed, or to be constructed, or any agent or employee thereof, to
7 refuse to provide services and care in such home or facility to any
8 individual or to discriminate against any individual in the terms,
9 conditions, and privileges of such services and care solely because such
10 individual is a blind person. For purposes of this paragraph, a "blind
11 person" shall mean a person who is registered as a blind person with the
12 commission for the visually handicapped and who meets the definition of
13 a "blind person" pursuant to section three of chapter four hundred
14 fifteen of the laws of nineteen hundred thirteen entitled "An act to
15 establish a state commission for improving the condition of the blind of
16 the state of New York, and making an appropriation therefor".
17 (f) The provisions of this subdivision, as they relate to age, shall
18 not apply to persons under the age of eighteen years.
19 (g) It shall be an unlawful discriminatory practice for any person
20 offering or providing housing accommodations, land or commercial space
21 as described in paragraphs (a), (b), and (c) of this subdivision to make
22 or cause to be made any written or oral inquiry or record concerning
23 membership of any person in the state organized militia in relation to
24 the purchase, rental or lease of such housing accommodation, land, or
25 commercial space, provided, however, that nothing in this subdivision
26 shall prohibit a member of the state organized militia from voluntarily
27 disclosing such membership.
28 S 5. Section 296 of the executive law is amended by adding a new
29 subdivision 22 to read as follows:
30 22. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, TWO-A, AND
31 FIVE OF THIS SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINA-
32 TORY PRACTICES BASED ON SOURCE OF INCOME, SUCH PROVISIONS SHALL NOT
33 APPLY TO HOUSING ACCOMMODATIONS THAT CONTAIN A TOTAL OF FIVE OR FEWER
34 HOUSING UNITS LOCATED WITHIN A MUNICIPALITY THAT HAD A LOCAL LAW
35 PERTAINING TO SUCH DISCRIMINATORY PRACTICES, WHICH EXEMPTED HOUSING
36 ACCOMMODATIONS THAT CONTAINED FIVE OR FEWER HOUSING UNITS FROM SUCH
37 PROHIBITION, IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
38 SION, PROVIDED, HOWEVER, THAT IF SUCH LOCAL LAW IS REPEALED AFTER THE
39 EFFECTIVE DATE OF THIS SUBDIVISION, THE PROVISIONS OF THIS SECTION
40 RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY PRACTICES BASED
41 ON SOURCE OF INCOME SHALL APPLY TO SUCH HOUSING ACCOMMODATIONS.
42 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
43 SION, THE PROVISIONS OF SUBDIVISIONS TWO, TWO-A, AND FIVE OF THIS
44 SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY PRACTICES
45 BASED ON SOURCE OF INCOME SHALL APPLY: (I) TO TENANTS SUBJECT TO RENT
46 CONTROL LAWS WHO RESIDE IN HOUSING ACCOMMODATIONS THAT CONTAIN A TOTAL
47 OF FIVE OR FEWER UNITS AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION; AND
48 (II) TO ALL HOUSING ACCOMMODATIONS, REGARDLESS OF THE NUMBER OF UNITS
49 CONTAINED IN EACH, OF ANY OWNER OR ANY AGENT THEREOF WHO HAS THE RIGHT
50 TO SELL, RENT OR LEASE OR APPROVE THE SALE, RENTAL OR LEASE OF AT LEAST
51 ONE HOUSING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX
52 OR MORE HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN INTEREST
53 THEREIN.
54 S 6. This act shall take effect immediately.
