Bill Text: NY S06157 | 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 1-0)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S06157 Detail]

Download: New_York-2019-S06157-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6157

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 20, 2019
                                       ___________

        Introduced  by  Sen. LIU -- (at request of the Division of Human Rights)
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Investigations and Government 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

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

        S. 6157                             2

     1  (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
     2  apply]. However, such rental property shall no longer be exempt from the
     3  provisions of such subparagraphs one and two of this paragraph if  there
     4  is  unlawful  discriminatory  conduct  pursuant to subparagraph three of
     5  this paragraph.
     6    (ii) The provisions of subparagraphs one, two and three of this  para-
     7  graph  shall not apply (A) to the restriction of the rental of all rooms
     8  in a housing accommodation to individuals of the same sex,  (B)  to  the
     9  rental  of a room or rooms in a housing accommodation, if such rental is
    10  by the occupant of the housing accommodation or  by  the  owner  of  the
    11  housing  accommodation  and  the  owner resides in such housing accommo-
    12  dation, or (C) solely with respect to age and  familial  status  to  the
    13  restriction  of  the  sale,  rental  or  lease of housing accommodations
    14  exclusively to persons sixty-two years of age or older and the spouse of
    15  any such person, or for housing intended and operated for  occupancy  by
    16  at least one person fifty-five years of age or older per unit. In deter-
    17  mining whether housing is intended and operated for occupancy by persons
    18  fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
    19  (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
    20  apply.
    21    §  2.  This  act  shall  take  effect on the same date and in the same
    22  manner as section 11 of chapter 8 of the laws of 2019.
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