Bill Text: NY A01757 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Prohibits a property owner from enforcing or adopting a restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry doorframe of a dwelling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A01757 Detail]

Download: New_York-2023-A01757-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1757

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Governmental Operations

        AN  ACT  to  amend  the  civil rights law, in relation to the display of
          religious items on dwellings

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

     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  79-r to read as follows:
     3    § 79-r. Display of religious items on dwellings. 1. Except  as  other-
     4  wise  provided  in  this  section, a property owner shall not enforce or
     5  adopt a restrictive covenant or any other restriction that prohibits one
     6  or more religious items from being displayed or  affixed  on  any  entry
     7  door or entry doorframe of a dwelling.
     8    2.  To the extent permitted by the New York State Constitution and the
     9  United States Constitution, this section shall not prohibit the enforce-
    10  ment or adoption of a restrictive covenant or other restriction  prohib-
    11  iting  the  display or affixing of a religious item on any entry door or
    12  entry doorframe to a dwelling that:
    13    (a) threatens the public health or safety;
    14    (b) hinders the opening or closing of any entry door;
    15    (c) violates any federal, state, or local law;
    16    (d) contains graphics, language or any  display  that  is  obscene  or
    17  otherwise illegal; or
    18    (e)  individually  or  in  combination  with  any other religious item
    19  displayed or affixed on any entry door or doorframe, has  a  total  size
    20  greater  than  thirty-six  by twelve square inches, provided it does not
    21  exceed the size of the door.
    22    3. (a) No governing document of an association shall limit or prohibit
    23  the display of one or more religious items on the entry  door  or  entry
    24  doorframe of a member's separate interest.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02758-01-3
        A. 1757                             2

     1     (b)  If an association is performing maintenance, repair, or replace-
     2  ment of an entry door or  doorframe  that  serves  a  member's  separate
     3  interest,  the  member may be required to remove a religious item during
     4  the time the work is being performed. After completion  of  the  associ-
     5  ation's  work, the member may again display or affix the religious item.
     6  The association shall provide individual notice to the member  regarding
     7  the temporary removal of the religious item.
     8    4. As used in this section, the following terms shall have the follow-
     9  ing meanings:
    10    (a) "property owner" means an association, board, member, landlord, or
    11  sublessor;
    12    (b)  "association"  means  a  nonprofit  corporation or unincorporated
    13  association created for the purpose of managing a common interest devel-
    14  opment;
    15    (c) "board" means the board of directors of an association;
    16    (d) "member" means an owner of a separate interest; and
    17    (e) "religious item" means an item displayed because of sincerely held
    18  religious belief.
    19    § 2. This act shall take effect on the thirtieth day  after  it  shall
    20  have become a law.