Bill Text: NY S07010 | 2017-2018 | General Assembly | Introduced


Bill Title: Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced - Dead) 2018-05-15 - DEFEATED IN INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07010 Detail]

Download: New_York-2017-S07010-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7010
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by Sens. HOYLMAN, ADDABBO, ALCANTARA, AVELLA, BAILEY, BENJA-
          MIN, BRESLIN, BROOKS, CARLUCCI,  COMRIE,  DILAN,  GIANARIS,  HAMILTON,
          KAMINSKY,   KENNEDY,  KLEIN,  KRUEGER,  MONTGOMERY,  PARKER,  PERALTA,
          RIVERA, SAVINO, SERRANO, STAVISKY, VALESKY -- read twice  and  ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations and Government Operations
        AN  ACT  to amend the executive law, the civil rights law and the educa-
          tion law, in relation to prohibiting discrimination  based  on  gender
          identity  or  expression;  and to amend the penal law and the criminal
          procedure law, in relation  to  including  offenses  regarding  gender
          identity  or  expression within the list of offenses subject to treat-
          ment as hate crimes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Legislative findings and intent. The legislature reaffirms
     2  that the state has the responsibility to act to assure that every  indi-
     3  vidual  within  this  state  is afforded an equal opportunity to enjoy a
     4  full and productive life, and that the failure  to  provide  such  equal
     5  opportunity,  whether  because of discrimination, prejudice, intolerance
     6  or inadequate education, training,  housing  or  health  care  not  only
     7  threatens  the  rights  and  proper  privileges  of its inhabitants, but
     8  menaces the institutions and foundation of a free democratic  state  and
     9  threatens  the  peace,  order, health, safety and general welfare of the
    10  state and its inhabitants.
    11    The legislature further finds that many residents of this  state  have
    12  encountered prejudice on account of their gender identity or expression,
    13  and  that  this  prejudice  has  severely  limited or actually prevented
    14  access to employment, housing and other basic necessities of life, lead-
    15  ing to deprivation and suffering.  The  legislature  further  recognizes
    16  that  this  prejudice  has  fostered  a general climate of hostility and
    17  distrust, leading in some instances to physical violence  against  those
    18  perceived  to live in a gender identity or expression which is different
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02432-01-7

        S. 7010                             2
     1  from that traditionally associated with the sex assigned to that  person
     2  at birth.
     3    In so doing, the legislature makes clear its action is not intended to
     4  promote any particular attitude, course of conduct or way of life. Rath-
     5  er its purpose is to ensure that individuals who live in our free socie-
     6  ty have the capacity to make their own choices, follow their own beliefs
     7  and  conduct  their  own lives as they see fit, consistent with existing
     8  law.
     9    The legislature further finds that, as court decisions  have  properly
    10  held,  New  York's sex discrimination laws prohibit discrimination based
    11  on gender stereotypes or  because  an  individual  has  transitioned  or
    12  intends  to  transition  from one gender to another. This legislation is
    13  intended to codify this principle and to ensure that the  public  under-
    14  stands   that  discrimination  on  the  basis  of  gender  identity  and
    15  expression is prohibited.
    16    § 2. Subdivisions 1 and 2 of section 291  of  the  executive  law,  as
    17  amended  by  chapter  196  of  the  laws of 2010, are amended to read as
    18  follows:
    19    1. The opportunity to obtain employment without discrimination because
    20  of age, race, creed, color, national origin, sexual orientation,  gender
    21  identity  or  expression, military status, sex, marital status, or disa-
    22  bility, is hereby recognized as and declared to be a civil right.
    23    2. The opportunity to obtain education, the use of  places  of  public
    24  accommodation  and  the ownership, use and occupancy of housing accommo-
    25  dations and commercial space  without  discrimination  because  of  age,
    26  race, creed, color, national origin, sexual orientation, gender identity
    27  or  expression,  military status, sex, marital status, or disability, as
    28  specified in section two hundred ninety-six of this article,  is  hereby
    29  recognized as and declared to be a civil right.
    30    §  3.  Section  292  of  the  executive law is amended by adding a new
    31  subdivision 35 to read as follows:
    32    35. The term "gender identity or expression" means a  person's  actual
    33  or  perceived gender-related identity, appearance, behavior, expression,
    34  or other gender-related characteristic regardless of the sex assigned to
    35  that person at birth, including, but not limited to, the status of being
    36  transgender.
    37    § 4. Subdivisions 8 and 9 of section 295  of  the  executive  law,  as
    38  amended  by  chapter  106  of  the  laws of 2003, are amended to read as
    39  follows:
    40    8. To create such advisory councils, local, regional or state-wide, as
    41  in its judgment will aid in effectuating the purposes  of  this  article
    42  and  of section eleven of article one of the constitution of this state,
    43  and the division may empower them to study  the  problems  of  discrimi-
    44  nation  in  all or specific fields of human relationships or in specific
    45  instances of discrimination because of age, race, creed, color, national
    46  origin, sexual orientation,  gender  identity  or  expression,  military
    47  status,  sex,  disability  or marital status and make recommendations to
    48  the division for the development of policies and procedures  in  general
    49  and  in specific instances. The advisory councils also shall disseminate
    50  information about the division's activities to organizations  and  indi-
    51  viduals in their localities. Such advisory councils shall be composed of
    52  representative citizens, serving without pay, but with reimbursement for
    53  actual  and  necessary  traveling  expenses;  and  the division may make
    54  provision for technical and clerical assistance to such councils and for
    55  the expenses of such assistance.

        S. 7010                             3
     1    9. To develop human rights plans and policies for the state and assist
     2  in their execution and to make investigations and studies appropriate to
     3  effectuate this article and to issue such publications and such  results
     4  of  investigations  and research as in its judgement will tend to inform
     5  persons  of the rights assured and remedies provided under this article,
     6  to promote good-will and minimize or eliminate discrimination because of
     7  age, race, creed, color, national  origin,  sexual  orientation,  gender
     8  identity  or  expression,  military  status,  sex, disability or marital
     9  status.
    10    § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
    11  of the executive law, as amended by chapter 365 of the laws of 2015, are
    12  amended to read as follows:
    13    (a)  For  an  employer or licensing agency, because of an individual's
    14  age, race, creed, color, national  origin,  sexual  orientation,  gender
    15  identity  or  expression, military status, sex, disability, predisposing
    16  genetic characteristics, familial status, marital  status,  or  domestic
    17  violence  victim  status,  to  refuse  to hire or employ or to bar or to
    18  discharge from employment such individual  or  to  discriminate  against
    19  such individual in compensation or in terms, conditions or privileges of
    20  employment.
    21    (b)  For  an  employment agency to discriminate against any individual
    22  because of age, race, creed, color, national origin, sexual orientation,
    23  gender identity or expression, military status, sex, disability, predis-
    24  posing genetic characteristics, familial status, or marital  status,  in
    25  receiving,  classifying, disposing or otherwise acting upon applications
    26  for its services or in  referring  an  applicant  or  applicants  to  an
    27  employer or employers.
    28    (c)  For a labor organization, because of the age, race, creed, color,
    29  national origin, sexual  orientation,  gender  identity  or  expression,
    30  military  status, sex, disability, predisposing genetic characteristics,
    31  familial status, or marital status of any individual, to exclude  or  to
    32  expel  from its membership such individual or to discriminate in any way
    33  against any of its members or against any  employer  or  any  individual
    34  employed by an employer.
    35    (d)  For  any  employer  or employment agency to print or circulate or
    36  cause to be printed or circulated any statement, advertisement or publi-
    37  cation, or to use any form of application for employment or to make  any
    38  inquiry  in  connection  with  prospective  employment,  which expresses
    39  directly or indirectly, any limitation, specification or  discrimination
    40  as  to  age,  race,  creed,  color, national origin, sexual orientation,
    41  gender identity or expression, military status, sex, disability, predis-
    42  posing genetic characteristics, familial status, or marital  status,  or
    43  any intent to make any such limitation, specification or discrimination,
    44  unless  based  upon  a  bona  fide occupational qualification; provided,
    45  however, that neither this paragraph nor any provision of  this  chapter
    46  or  other  law  shall  be  construed to prohibit the department of civil
    47  service or the department of personnel of any city containing more  than
    48  one county from requesting information from applicants for civil service
    49  examinations concerning any of the aforementioned characteristics, other
    50  than  sexual orientation, for the purpose of conducting studies to iden-
    51  tify and resolve possible problems in recruitment and testing of members
    52  of minority groups to insure the fairest  possible  and  equal  opportu-
    53  nities  for  employment in the civil service for all persons, regardless
    54  of age, race, creed,  color,  national  origin,  sexual  orientation  or
    55  gender identity or expression, military status, sex, disability, predis-
    56  posing genetic characteristics, familial status, or marital status.

        S. 7010                             4
     1    §  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
     2  the executive law, as amended by chapter 365 of the laws  of  2015,  are
     3  amended to read as follows:
     4    (b)  To  deny  to  or withhold from any person because of race, creed,
     5  color,  national  origin,  sexual  orientation,   gender   identity   or
     6  expression,  military  status, sex, age, disability, familial status, or
     7  marital status, the right to be admitted to or participate in a guidance
     8  program,  an  apprenticeship  training  program,   on-the-job   training
     9  program,  executive  training program, or other occupational training or
    10  retraining program;
    11    (c) To discriminate against any person in his or her pursuit  of  such
    12  programs  or  to discriminate against such a person in the terms, condi-
    13  tions or privileges of such programs  because  of  race,  creed,  color,
    14  national  origin,  sexual  orientation,  gender  identity or expression,
    15  military status,  sex,  age,  disability,  familial  status  or  marital
    16  status;
    17    (d)  To  print  or  circulate or cause to be printed or circulated any
    18  statement, advertisement or publication, or to use any form of  applica-
    19  tion  for  such  programs or to make any inquiry in connection with such
    20  program which expresses, directly or indirectly, any  limitation,  spec-
    21  ification  or  discrimination as to race, creed, color, national origin,
    22  sexual orientation, gender identity or expression, military status, sex,
    23  age, disability, familial status or marital status, or any intention  to
    24  make  any such limitation, specification or discrimination, unless based
    25  on a bona fide occupational qualification.
    26    § 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
    27  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
    28  as follows:
    29    (a) It shall be an unlawful discriminatory practice  for  any  person,
    30  being  the  owner, lessee, proprietor, manager, superintendent, agent or
    31  employee of any place of  public  accommodation,  resort  or  amusement,
    32  because  of the race, creed, color, national origin, sexual orientation,
    33  gender identity or expression, military status, sex, [or] disability  or
    34  marital  status  of any person, directly or indirectly, to refuse, with-
    35  hold from or deny to such person any of the accommodations,  advantages,
    36  facilities or privileges thereof, including the extension of credit, or,
    37  directly  or  indirectly, to publish, circulate, issue, display, post or
    38  mail any written or printed communication, notice or  advertisement,  to
    39  the  effect  that  any of the accommodations, advantages, facilities and
    40  privileges of any such place shall be refused, withheld from  or  denied
    41  to  any person on account of race, creed, color, national origin, sexual
    42  orientation, gender identity or expression, military status,  sex,  [or]
    43  disability or marital status, or that the patronage or custom thereat of
    44  any  person of or purporting to be of any particular race, creed, color,
    45  national origin, sexual  orientation,  gender  identity  or  expression,
    46  military status, sex or marital status, or having a disability is unwel-
    47  come, objectionable or not acceptable, desired or solicited.
    48    §  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
    49  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
    50  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
    51  to read as follows:
    52    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
    53  hold from any person or group of  persons  such  housing  accommodations
    54  because  of  the race, creed, color, disability, national origin, sexual
    55  orientation, gender identity or expression, military status,  age,  sex,
    56  marital  status,  or  familial  status  of such person or persons, or to

        S. 7010                             5
     1  represent that any housing accommodation or land is  not  available  for
     2  inspection, sale, rental or lease when in fact it is so available.
     3    (b)  To  discriminate  against  any person because of his or her race,
     4  creed, color, disability, national origin,  sexual  orientation,  gender
     5  identity  or  expression,  military status, age, sex, marital status, or
     6  familial status in the terms, conditions or privileges of any  publicly-
     7  assisted  housing  accommodations  or in the furnishing of facilities or
     8  services in connection therewith.
     9    (c) To cause to be made any written or oral inquiry or record concern-
    10  ing the race, creed, color, disability, national origin,  sexual  orien-
    11  tation,  gender  identity or expression, membership in the reserve armed
    12  forces of the United States or in the organized militia  of  the  state,
    13  age, sex, marital status, or familial status of a person seeking to rent
    14  or lease any publicly-assisted housing accommodation; provided, however,
    15  that  nothing in this subdivision shall prohibit a member of the reserve
    16  armed forces of the United States or in the  organized  militia  of  the
    17  state from voluntarily disclosing such membership.
    18    (c-1)  To  print or circulate or cause to be printed or circulated any
    19  statement, advertisement or publication, or to use any form of  applica-
    20  tion  for the purchase, rental or lease of such housing accommodation or
    21  to make any  record  or  inquiry  in  connection  with  the  prospective
    22  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    23  expresses, directly or  indirectly,  any  limitation,  specification  or
    24  discrimination  as to race, creed, color, national origin, sexual orien-
    25  tation, gender identity or expression, military status, sex, age,  disa-
    26  bility,  marital  status,  or familial status, or any intent to make any
    27  such limitation, specification or discrimination.
    28    § 9. Subdivision 3-b of section 296 of the executive law,  as  amended
    29  by chapter 106 of the laws of 2003, is amended to read as follows:
    30    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    31  estate broker, real estate salesperson or employee or agent  thereof  or
    32  any  other  individual, corporation, partnership or organization for the
    33  purpose of inducing a real estate transaction from which any such person
    34  or any of its stockholders or members may benefit financially, to repre-
    35  sent that a change has occurred or will or may occur in the  composition
    36  with respect to race, creed, color, national origin, sexual orientation,
    37  gender identity or expression, military status, sex, disability, marital
    38  status,  or  familial  status  of  the owners or occupants in the block,
    39  neighborhood or area in which the  real  property  is  located,  and  to
    40  represent,  directly  or indirectly, that this change will or may result
    41  in undesirable consequences in the block, neighborhood or area in  which
    42  the  real property is located, including but not limited to the lowering
    43  of property values, an increase in criminal or anti-social behavior,  or
    44  a decline in the quality of schools or other facilities.
    45    § 10. Subdivision 4 of section 296 of the executive law, as amended by
    46  chapter 106 of the laws of 2003, is amended to read as follows:
    47    4.  It  shall  be an unlawful discriminatory practice for an education
    48  corporation or association which holds itself out to the  public  to  be
    49  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
    50  article four of the real property tax law to deny the use of its facili-
    51  ties to any person otherwise qualified, or to permit the  harassment  of
    52  any  student or applicant, by reason of his race, color, religion, disa-
    53  bility,  national  origin,  sexual  orientation,  gender   identity   or
    54  expression, military status, sex, age or marital status, except that any
    55  such  institution  which  establishes or maintains a policy of educating
    56  persons of one sex exclusively may admit students of only one sex.

        S. 7010                             6
     1    § 11. Subdivision 5 of section 296 of the executive law, as amended by
     2  chapter 106 of the laws of 2003, is amended to read as follows:
     3    5.  (a) It shall be an unlawful discriminatory practice for the owner,
     4  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
     5  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
     6  constructed or to be constructed, or any agent or employee thereof:
     7    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
     8  from any person or group of persons such a housing accommodation because
     9  of the race, creed, color, national origin, sexual  orientation,  gender
    10  identity  or  expression, military status, sex, age, disability, marital
    11  status, or familial status of such person or persons,  or  to  represent
    12  that  any housing accommodation or land is not available for inspection,
    13  sale, rental or lease when in fact it is so available.
    14    (2) To discriminate against any person because of race, creed,  color,
    15  national  origin,  sexual  orientation,  gender  identity or expression,
    16  military status, sex,  age,  disability,  marital  status,  or  familial
    17  status  in  the  terms,  conditions or privileges of the sale, rental or
    18  lease of any such housing accommodation or in the furnishing of  facili-
    19  ties or services in connection therewith.
    20    (3)  To  print  or  circulate or cause to be printed or circulated any
    21  statement, advertisement or publication, or to use any form of  applica-
    22  tion  for the purchase, rental or lease of such housing accommodation or
    23  to make any  record  or  inquiry  in  connection  with  the  prospective
    24  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    25  expresses, directly or  indirectly,  any  limitation,  specification  or
    26  discrimination  as to race, creed, color, national origin, sexual orien-
    27  tation, gender identity or expression, military status, sex, age,  disa-
    28  bility,  marital  status,  or familial status, or any intent to make any
    29  such limitation, specification or discrimination.
    30    The provisions of this paragraph (a) shall not apply (1) to the rental
    31  of a housing accommodation in a building which contains housing accommo-
    32  dations for not more than two  families  living  independently  of  each
    33  other,  if  the owner resides in one of such housing accommodations, (2)
    34  to the restriction of the rental of all rooms in a housing accommodation
    35  to individuals of the same sex or (3) to the rental of a room  or  rooms
    36  in  a  housing  accommodation,  if such rental is by the occupant of the
    37  housing accommodation or by the owner of the housing  accommodation  and
    38  the  owner  resides  in  such  housing  accommodation or (4) solely with
    39  respect to age and familial status  to  the  restriction  of  the  sale,
    40  rental  or lease of housing accommodations exclusively to persons sixty-
    41  two years of age or older and the spouse of  any  such  person,  or  for
    42  housing  intended  and  operated  for  occupancy  by at least one person
    43  fifty-five years of age or older per unit. In determining whether  hous-
    44  ing  is  intended and operated for occupancy by persons fifty-five years
    45  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    46  federal Fair Housing Act of 1988, as amended, shall apply.
    47    (b) It shall be an unlawful discriminatory  practice  for  the  owner,
    48  lessee,  sub-lessee,  or  managing  agent of, or other person having the
    49  right of ownership or possession of or the right to sell, rent or lease,
    50  land or commercial space:
    51    (1) To refuse to sell, rent, lease or otherwise deny  to  or  withhold
    52  from  any person or group of persons land or commercial space because of
    53  the race, creed, color,  national  origin,  sexual  orientation,  gender
    54  identity  or  expression, military status, sex, age, disability, marital
    55  status, or familial status of such person or persons,  or  to  represent

        S. 7010                             7
     1  that  any housing accommodation or land is not available for inspection,
     2  sale, rental or lease when in fact it is so available;
     3    (2)  To discriminate against any person because of race, creed, color,
     4  national origin, sexual  orientation,  gender  identity  or  expression,
     5  military  status,  sex,  age,  disability,  marital  status, or familial
     6  status in the terms, conditions or privileges of  the  sale,  rental  or
     7  lease  of  any  such  land  or commercial space; or in the furnishing of
     8  facilities or services in connection therewith;
     9    (3) To print or circulate or cause to be  printed  or  circulated  any
    10  statement,  advertisement or publication, or to use any form of applica-
    11  tion for the purchase, rental or lease of such land or commercial  space
    12  or  to  make  any  record  or inquiry in connection with the prospective
    13  purchase, rental or  lease  of  such  land  or  commercial  space  which
    14  expresses,  directly  or  indirectly,  any  limitation, specification or
    15  discrimination as to race, creed, color, national origin, sexual  orien-
    16  tation,  gender identity or expression, military status, sex, age, disa-
    17  bility, marital status, or familial status; or any intent  to  make  any
    18  such limitation, specification or discrimination.
    19    (4)  With  respect  to age and familial status, the provisions of this
    20  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    21  lease  of  land  or  commercial  space exclusively to persons fifty-five
    22  years of age or older and the spouse of  any  such  person,  or  to  the
    23  restriction  of  the  sale,  rental  or lease of land to be used for the
    24  construction, or location  of  housing  accommodations  exclusively  for
    25  persons  sixty-two  years  of age or older, or intended and operated for
    26  occupancy by at least one person fifty-five years of age  or  older  per
    27  unit.  In determining whether housing is intended and operated for occu-
    28  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    29  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    30  amended, shall apply.
    31    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    32  estate broker, real estate salesperson or employee or agent thereof:
    33    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    34  or commercial space to any person or group of persons or  to  refuse  to
    35  negotiate  for  the sale, rental or lease, of any housing accommodation,
    36  land or commercial space to any person or group of  persons  because  of
    37  the  race,  creed,  color,  national  origin, sexual orientation, gender
    38  identity or expression, military status, sex, age,  disability,  marital
    39  status,  or  familial  status of such person or persons, or to represent
    40  that any housing accommodation, land or commercial space is  not  avail-
    41  able  for inspection, sale, rental or lease when in fact it is so avail-
    42  able, or otherwise to deny or withhold any housing  accommodation,  land
    43  or commercial space or any facilities of any housing accommodation, land
    44  or  commercial  space from any person or group of persons because of the
    45  race, creed, color, national origin, sexual orientation, gender identity
    46  or expression, military status, sex, age, disability, marital status, or
    47  familial status of such person or persons.
    48    (2) To print or circulate or cause to be  printed  or  circulated  any
    49  statement,  advertisement or publication, or to use any form of applica-
    50  tion for the purchase, rental or lease  of  any  housing  accommodation,
    51  land  or commercial space or to make any record or inquiry in connection
    52  with the prospective purchase, rental or lease of any  housing  accommo-
    53  dation,  land or commercial space which expresses, directly or indirect-
    54  ly, any limitation, specification, or discrimination as to race,  creed,
    55  color,   national   origin,   sexual  orientation,  gender  identity  or
    56  expression, military status, sex, age, disability,  marital  status,  or

        S. 7010                             8
     1  familial  status;  or any intent to make any such limitation, specifica-
     2  tion or discrimination.
     3    (3)  With  respect  to age and familial status, the provisions of this
     4  paragraph shall not apply to the restriction  of  the  sale,  rental  or
     5  lease of any housing accommodation, land or commercial space exclusively
     6  to  persons  fifty-five years of age or older and the spouse of any such
     7  person, or to the restriction of the sale, rental or lease of any  hous-
     8  ing accommodation or land to be used for the construction or location of
     9  housing  accommodations  for persons sixty-two years of age or older, or
    10  intended and operated for occupancy by at least  one  person  fifty-five
    11  years  of  age  or  older  per  unit.  In determining whether housing is
    12  intended and operated for occupancy by persons fifty-five years  of  age
    13  or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    14  federal Fair Housing Act of 1988, as amended, shall apply.
    15    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    16  estate board, because of the race, creed, color, national origin, sexual
    17  orientation,  gender  identity or expression, military status, age, sex,
    18  disability, marital status, or familial status of any individual who  is
    19  otherwise  qualified for membership, to exclude or expel such individual
    20  from membership, or to  discriminate  against  such  individual  in  the
    21  terms, conditions and privileges of membership in such board.
    22    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
    23  proprietor or managing agent of, or other person  having  the  right  to
    24  provide care and services in, a private proprietary nursing home, conva-
    25  lescent  home,  or home for adults, or an intermediate care facility, as
    26  defined  in  section  two  of  the  social  services   law,   heretofore
    27  constructed,  or to be constructed, or any agent or employee thereof, to
    28  refuse to provide services and care in such  home  or  facility  to  any
    29  individual  or  to  discriminate  against  any  individual in the terms,
    30  conditions, and privileges of such services and care solely because such
    31  individual is a blind person. For purposes of this paragraph,  a  "blind
    32  person" shall mean a person who is registered as a blind person with the
    33  commission  for the visually handicapped and who meets the definition of
    34  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    35  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    36  establish a state commission for improving the condition of the blind of
    37  the state of New York, and making an appropriation therefor".
    38    (f) The provisions of this subdivision, as they relate to  age,  shall
    39  not apply to persons under the age of eighteen years.
    40    (g)  It  shall  be  an unlawful discriminatory practice for any person
    41  offering or providing housing accommodations, land or  commercial  space
    42  as described in paragraphs (a), (b), and (c) of this subdivision to make
    43  or  cause  to  be  made any written or oral inquiry or record concerning
    44  membership of any person in the state organized militia in  relation  to
    45  the  purchase,  rental  or lease of such housing accommodation, land, or
    46  commercial space, provided, however, that nothing  in  this  subdivision
    47  shall  prohibit a member of the state organized militia from voluntarily
    48  disclosing such membership.
    49    § 12. Paragraph (a) of subdivision 9 of section 296 of  the  executive
    50  law,  as  amended by chapter 365 of the laws of 2015, is amended to read
    51  as follows:
    52    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
    53  department or fire company therein, through any member or members there-
    54  of, officers, board of fire commissioners or other body or office having
    55  power  of appointment of volunteer firefighters, directly or indirectly,
    56  by ritualistic practice, constitutional or by-law prescription, by tacit

        S. 7010                             9
     1  agreement among its members, or otherwise, to  deny  to  any  individual
     2  membership  in any volunteer fire department or fire company therein, or
     3  to expel or discriminate against any volunteer member of a fire  depart-
     4  ment  or  fire  company  therein,  because  of  the  race, creed, color,
     5  national origin, sexual  orientation,  gender  identity  or  expression,
     6  military  status, sex, marital status, or familial status, of such indi-
     7  vidual.
     8    § 13. Subdivision 13 of section 296 of the executive law,  as  amended
     9  by chapter 365 of the laws of 2015, is amended to read as follows:
    10    13. It shall be an unlawful discriminatory practice (i) for any person
    11  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
    12  with, or otherwise discriminate against any person, because of the race,
    13  creed, color, national origin, sexual orientation,  gender  identity  or
    14  expression,  military  status,  sex,  disability, or familial status, of
    15  such person, or of such person's partners, members, stockholders, direc-
    16  tors, officers, managers, superintendents, agents,  employees,  business
    17  associates,  suppliers  or customers, or (ii) for any person wilfully to
    18  do any act or refrain from doing any act which enables any  such  person
    19  to take such action. This subdivision shall not apply to:
    20    (a) Boycotts connected with labor disputes; or
    21    (b) Boycotts to protest unlawful discriminatory practices.
    22    §  14.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
    23  as amended by chapter 106 of the laws of 2003, are amended  to  read  as
    24  follows:
    25    1. It shall be an unlawful discriminatory practice for any creditor or
    26  any officer, agent or employee thereof:
    27    a.  In  the  case  of  applications  for  credit  with  respect to the
    28  purchase, acquisition, construction, rehabilitation, repair  or  mainte-
    29  nance of any housing accommodation, land or commercial space to discrim-
    30  inate  against  any  such  applicant  because of the race, creed, color,
    31  national origin, sexual  orientation,  gender  identity  or  expression,
    32  military  status,  age,  sex,  marital  status,  disability, or familial
    33  status of such applicant  or  applicants  or  any  member,  stockholder,
    34  director, officer or employee of such applicant or applicants, or of the
    35  prospective  occupants or tenants of such housing accommodation, land or
    36  commercial space, in the granting, withholding, extending  or  renewing,
    37  or in the fixing of the rates, terms or conditions of, any such credit;
    38    b.  To  discriminate in the granting, withholding, extending or renew-
    39  ing, or in the fixing of the rates, terms or conditions of, any form  of
    40  credit,  on  the  basis  of  race, creed, color, national origin, sexual
    41  orientation, gender identity or expression, military status,  age,  sex,
    42  marital status, disability, or familial status;
    43    c. To use any form of application for credit or use or make any record
    44  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
    45  specification, or discrimination as  to  race,  creed,  color,  national
    46  origin,  sexual  orientation,  gender  identity  or expression, military
    47  status, age, sex, marital status, disability, or familial status;
    48    d. To make any inquiry of an applicant concerning his or her  capacity
    49  to reproduce, or his or her use or advocacy of any form of birth control
    50  or family planning;
    51    e.  To  refuse  to  consider  sources  of  an applicant's income or to
    52  subject an applicant's income to  discounting,  in  whole  or  in  part,
    53  because  of  an  applicant's race, creed, color, national origin, sexual
    54  orientation, gender identity or expression, military status,  age,  sex,
    55  marital status, childbearing potential, disability, or familial status;

        S. 7010                            10
     1    f.  To  discriminate  against  a  married  person  because such person
     2  neither uses nor is known by the surname of his or her spouse.
     3    This  paragraph  shall  not  apply to any situation where the use of a
     4  surname would constitute or result in a criminal act.
     5    2. Without limiting the generality of subdivision one of this section,
     6  it shall be considered discriminatory if, because of an  applicant's  or
     7  class  of applicants' race, creed, color, national origin, sexual orien-
     8  tation, gender identity or expression, military status, age, sex,  mari-
     9  tal  status or disability, or familial status, (i) an applicant or class
    10  of applicants is denied credit in circumstances where  other  applicants
    11  of  like  overall  credit worthiness are granted credit, or (ii) special
    12  requirements or conditions, such as requiring co-obligors or  reapplica-
    13  tion upon marriage, are imposed upon an applicant or class of applicants
    14  in  circumstances  where  similar  requirements  or  conditions  are not
    15  imposed upon other applicants of like overall credit worthiness.
    16    3. It shall not  be  considered  discriminatory  if  credit  differen-
    17  tiations  or  decisions  are based upon factually supportable, objective
    18  differences in applicants' overall credit worthiness, which may  include
    19  reference  to  such  factors  as current income, assets and prior credit
    20  history of such applicants, as well as reference to any  other  relevant
    21  factually  supportable  data;  provided, however, that no creditor shall
    22  consider, in evaluating the credit worthiness of an applicant, aggregate
    23  statistics or assumptions  relating  to  race,  creed,  color,  national
    24  origin,  sexual  orientation,  gender  identity  or expression, military
    25  status, sex, marital status or disability, or to the likelihood  of  any
    26  group of persons bearing or rearing children, or for that reason receiv-
    27  ing diminished or interrupted income in the future.
    28    § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
    29  law,  as added by chapter 481 of the laws of 2010, is amended to read as
    30  follows:
    31    (b) Subject a domestic worker to unwelcome harassment based on gender,
    32  race, religion, sexual orientation, gender  identity  or  expression  or
    33  national  origin,  where  such  harassment  has the purpose or effect of
    34  unreasonably interfering with an individual's work performance by creat-
    35  ing an intimidating, hostile, or offensive working environment.
    36    § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
    37  the laws of 2002, is amended to read as follows:
    38    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    39  state shall be entitled to the equal protection  of  the  laws  of  this
    40  state or any subdivision thereof.
    41    2.  No  person  shall, because of race, creed, color, national origin,
    42  sex, marital status, sexual orientation, gender identity or  expression,
    43  or disability, as such term is defined in section two hundred ninety-two
    44  of  the  executive law, be subjected to any discrimination in his or her
    45  civil rights, or to any harassment, as defined in section 240.25 of  the
    46  penal  law, in the exercise thereof, by any other person or by any firm,
    47  corporation or institution, or by the state or any agency or subdivision
    48  of the state.
    49    § 17. Paragraph (a) of subdivision 1 of section 313 of  the  education
    50  law,  as amended by chapter 2 of the laws of 2002, is amended to read as
    51  follows:
    52    (a) It is hereby declared to be the policy of the state that the Amer-
    53  ican ideal of equality of opportunity requires that students,  otherwise
    54  qualified,  be  admitted to educational institutions and be given access
    55  to all the educational programs and courses operated or provided by such
    56  institutions without regard to race, color, sex, religion, creed,  mari-

        S. 7010                            11
     1  tal  status,  age,  sexual orientation as defined in section two hundred
     2  ninety-two of the  executive  law,  gender  identity  or  expression  as
     3  defined  in  section  two  hundred  ninety-two  of the executive law, or
     4  national origin, except that, with regard to religious or denominational
     5  educational  institutions, students, otherwise qualified, shall have the
     6  equal opportunity to attend therein without  discrimination  because  of
     7  race,  color, sex, marital status, age, sexual orientation as defined in
     8  section two hundred ninety-two of the executive law, gender identity  or
     9  expression as defined in section two hundred ninety-two of the executive
    10  law,  or national origin. It is a fundamental American right for members
    11  of various religious faiths to establish and maintain educational insti-
    12  tutions exclusively or primarily for students  of  their  own  religious
    13  faith  or to effectuate the religious principles in furtherance of which
    14  they are maintained. Nothing herein contained shall  impair  or  abridge
    15  that right.
    16    § 18. Subdivision 3 of section 313 of the education law, as amended by
    17  chapter 2 of the laws of 2002, is amended to read as follows:
    18    (3)  Unfair  educational  practices. It shall be an unfair educational
    19  practice for an educational institution after September fifteenth, nine-
    20  teen hundred forty-eight:
    21    (a) To exclude or limit or otherwise discriminate against  any  person
    22  or  persons  seeking admission as students to such institution or to any
    23  educational program or course operated or provided by  such  institution
    24  because of race, religion, creed, sex, color, marital status, age, sexu-
    25  al orientation as defined in section two hundred ninety-two of the exec-
    26  utive  law,  gender  identity  or  expression  as defined in section two
    27  hundred ninety-two of the executive law, or national origin; except that
    28  nothing in this section shall be deemed to affect, in any way, the right
    29  of a religious or denominational educational institution to  select  its
    30  students  exclusively  or  primarily  from  members  of such religion or
    31  denomination or from giving preference in such selection to such members
    32  or to make such selection of its  students  as  is  calculated  by  such
    33  institution  to  promote the religious principles for which it is estab-
    34  lished or maintained. Nothing herein contained shall impair  or  abridge
    35  the  right of an independent institution, which establishes or maintains
    36  a policy of educating persons of one sex exclusively, to admit  students
    37  of only one sex.
    38    (b) To penalize any individual because he or she has initiated, testi-
    39  fied, participated or assisted in any proceedings under this section.
    40    (c)  To  accept any endowment or gift of money or property conditioned
    41  upon teaching the doctrine of supremacy of any particular race.
    42    (d) With respect to any individual who withdraws  from  attendance  to
    43  serve on active duty in the armed forces of the United States in time of
    44  war,  including  any individual who withdrew from attendance on or after
    45  August second, nineteen hundred ninety to serve on active  duty  in  the
    46  armed  forces  of the United States in the Persian Gulf conflict: (i) to
    47  deny or limit the readmission of such individual to such institution  or
    48  to any educational program or course operated or provided by such insti-
    49  tution  because  of  such  withdrawal  from attendance or because of the
    50  failure to complete any educational program or course due to such  with-
    51  drawal;  (ii)  to  impose any academic penalty on such person because of
    52  such withdrawal or because of the failure to  complete  any  educational
    53  program  or  course due to such withdrawal; (iii) to reduce or eliminate
    54  any financial aid award granted to such individual which  could  not  be
    55  used,  in  whole  or  part, because of such withdrawal or because of the
    56  failure to complete any educational program or course due to such  with-

        S. 7010                            12
     1  drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
     2  fees paid by such individual for  any  semester,  term  or  quarter  not
     3  completed  because  of  such  withdrawal  or  because  of the failure to
     4  complete any program or course due to such withdrawal.
     5    (e) It shall not be an unfair educational practice for any educational
     6  institution  to  use  criteria  other  than  race, religion, creed, sex,
     7  color, marital status, age, sexual orientation as defined in section two
     8  hundred ninety-two of the executive law, gender identity  or  expression
     9  as  defined  in  section two hundred ninety-two of the executive law, or
    10  national origin in the admission of students to such institution  or  to
    11  any of the educational programs and courses operated or provided by such
    12  institution.
    13    §  19. Section 485.00 of the penal law, as added by chapter 107 of the
    14  laws of 2000, is amended to read as follows:
    15  § 485.00 Legislative findings.
    16    The legislature finds and determines as follows: criminal acts involv-
    17  ing violence, intimidation and destruction of property based  upon  bias
    18  and  prejudice  have  become  more prevalent in New York state in recent
    19  years.  The intolerable truth is that  in  these  crimes,  commonly  and
    20  justly referred to as "hate crimes", victims are intentionally selected,
    21  in  whole  or  in  part,  because of their race, color, national origin,
    22  ancestry, gender, gender identity  or  expression,  religion,  religious
    23  practice,  age,  disability  or  sexual orientation. Hate crimes do more
    24  than threaten the safety and welfare of all citizens.  They  inflict  on
    25  victims  incalculable physical and emotional damage and tear at the very
    26  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
    27  particular  groups  not only harm individual victims but send a powerful
    28  message of intolerance and discrimination to all members of the group to
    29  which the victim belongs.  Hate crimes can and do intimidate and disrupt
    30  entire communities and vitiate the civility that is essential to healthy
    31  democratic processes.   In a  democratic  society,  citizens  cannot  be
    32  required  to  approve  of  the beliefs and practices of others, but must
    33  never commit criminal acts on account of  them.  Current  law  does  not
    34  adequately recognize the harm to public order and individual safety that
    35  hate  crimes  cause. Therefore, our laws must be strengthened to provide
    36  clear recognition of the gravity  of  hate  crimes  and  the  compelling
    37  importance of preventing their recurrence.
    38    Accordingly,  the  legislature  finds  and  declares  that hate crimes
    39  should be prosecuted and punished with appropriate severity.
    40    § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
    41  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
    42  follows:
    43    1. A person commits a hate crime when he or she  commits  a  specified
    44  offense and either:
    45    (a)  intentionally  selects  the  person  against  whom the offense is
    46  committed or intended to be committed in whole or  in  substantial  part
    47  because  of  a  belief or perception regarding the race, color, national
    48  origin, ancestry, gender, gender identity or expression, religion, reli-
    49  gious practice, age, disability  or  sexual  orientation  of  a  person,
    50  regardless of whether the belief or perception is correct, or
    51    (b)  intentionally commits the act or acts constituting the offense in
    52  whole or in substantial part because of a belief or perception regarding
    53  the race, color, national origin, ancestry, gender, gender  identity  or
    54  expression,  religion,  religious  practice,  age,  disability or sexual
    55  orientation of a person, regardless of whether the belief or  perception
    56  is correct.

        S. 7010                            13
     1    2.  Proof  of  race,  color, national origin, ancestry, gender, gender
     2  identity or expression, religion, religious practice, age, disability or
     3  sexual orientation of the defendant, the victim or of both the defendant
     4  and the victim  does  not,  by  itself,  constitute  legally  sufficient
     5  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
     6  subdivision one of this section.
     7    4. For purposes of this section:
     8    (a) the term "age" means sixty years old or more;
     9    (b) the term "disability" means a physical or mental  impairment  that
    10  substantially limits a major life activity[.];
    11    (c)  the  term "gender identity or expression" means a person's actual
    12  or perceived gender-related identity, appearance, behavior,  expression,
    13  or other gender-related characteristic regardless of the sex assigned to
    14  that person at birth, including, but not limited to, the status of being
    15  transgender.
    16    §  21. Subdivision 3 of section 240.30 of the penal law, as amended by
    17  chapter 188 of the laws of 2014, is amended to read as follows:
    18    3. With the intent to harass, annoy, threaten or alarm another person,
    19  he or she strikes, shoves, kicks, or otherwise subjects  another  person
    20  to  physical contact, or attempts or threatens to do the same because of
    21  a belief or perception regarding such  person's  race,  color,  national
    22  origin, ancestry, gender, gender identity or expression, religion, reli-
    23  gious  practice,  age,  disability  or sexual orientation, regardless of
    24  whether the belief or perception is correct; or
    25    § 22. The opening paragraph of section 240.31 of  the  penal  law,  as
    26  amended  by  chapter  49  of  the  laws  of  2006, is amended to read as
    27  follows:
    28    A person is guilty of aggravated harassment in the first  degree  when
    29  with  intent to harass, annoy, threaten or alarm another person, because
    30  of a belief or perception regarding such person's race, color,  national
    31  origin, ancestry, gender, gender identity or expression, religion, reli-
    32  gious  practice,  age,  disability  or sexual orientation, regardless of
    33  whether the belief or perception is correct, he or she:
    34    § 23. Section 240.00 of the penal law  is  amended  by  adding  a  new
    35  subdivision 7 to read as follows:
    36    7.  "Gender  identity  or  expression"  means  a  person's  actual  or
    37  perceived gender-related identity, appearance, behavior, expression,  or
    38  other  gender-related  characteristic  regardless of the sex assigned to
    39  that person at birth, including, but not limited to, the status of being
    40  transgender.
    41    § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
    42  procedure law, as amended by chapter 7 of the laws of 2007,  is  amended
    43  to read as follows:
    44    (c) in the case of any hate crime, as defined in section 485.05 of the
    45  penal  law,  specifies,  as applicable, that the defendant or defendants
    46  intentionally selected the person against whom the offense was committed
    47  or intended to be committed; or intentionally committed the act or  acts
    48  constituting  the  offense, in whole or in substantial part because of a
    49  belief or perception regarding the race, color, national origin,  ances-
    50  try,  gender,  gender  identity or expression, religion, religious prac-
    51  tice, age, disability or sexual orientation of a person; and
    52    § 25. This act shall take effect on the thirtieth day after  it  shall
    53  have  become  a  law;  provided, however, that sections nineteen through
    54  twenty-four of this act shall take effect on the first of November  next
    55  succeeding the date on which it shall have become a law.
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