Bill Text: NY A02746 | 2023-2024 | General Assembly | Amended

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Bill Title: Includes correctional facilities and local correctional facilities as publicly-assisted housing accommodations for purposes of the division of human rights; defines correctional facilities and local correctional facilities.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A02746 Detail]

Download: New_York-2023-A02746-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2746--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by  M.  of  A. GALLAGHER, AUBRY, DICKENS, EPSTEIN, MITAYNES,
          FORREST, KELLES, RAGA -- read once and referred to  the  Committee  on
          Governmental Operations -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in relation to including correctional
          facilities  and  local  correctional  facilities  as publicly-assisted
          housing accommodations for purposes of the division of human rights

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

     1    Section  1.   Legislative intent and findings. Whereas recent judicial
     2  opinions have created confusion regarding  the  status  of  correctional
     3  facilities  and law enforcement agencies as subjects of the jurisdiction
     4  of the New York human rights  law,  the  legislature  hereby  finds  and
     5  declares,  for  the purposes of the human rights law and the division of
     6  human rights, the services provided  by  law  enforcement  officers  are
     7  public  accommodations,  correctional  facilities and local correctional
     8  facilities are housing accommodations,  and  law  enforcement  agencies,
     9  correctional facilities and local correctional facilities are subject to
    10  the jurisdiction of the human rights law.
    11    §  2.  Subdivision 10 of section 292 of the executive law, as added by
    12  chapter 340 of the laws of 1955, is amended to read as follows:
    13    10. The term "housing accommodation" includes any building, structure,
    14  or portion thereof which is used or occupied or is intended, arranged or
    15  designed to be used or occupied, as  the  home,  residence  or  sleeping
    16  place  of  one  or more human beings, including any type of correctional
    17  facility or local correctional facility.
    18    § 3. Section 292 of the executive law  is  amended  by  adding  a  new
    19  subdivision 42 to read as follows:
    20    42.  The terms "correctional facility" and "local correctional facili-
    21  ty" shall have the same meaning as such terms are defined in section two
    22  of the correction law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00223-03-3
        A. 2746--A                          2

     1    § 4. Paragraph (a) of subdivision 2 of section 296  of  the  executive
     2  law,  as separately amended by chapters 202 and 748 of the laws of 2022,
     3  is amended to read as follows:
     4    (a)  It  shall  be an unlawful discriminatory practice for any person,
     5  being the owner, lessee, proprietor, manager, superintendent,  agent  or
     6  employee  of any correctional facility, local correctional facility, law
     7  enforcement agency, place of public accommodation, resort or  amusement,
     8  because of the race, creed, color, national origin, citizenship or immi-
     9  gration status, sexual orientation, gender identity or expression, mili-
    10  tary  status,  sex, disability, marital status, or status as a victim of
    11  domestic violence, of any person, directly  or  indirectly,  to  refuse,
    12  withhold  from  or deny to such person any of the accommodations, advan-
    13  tages, facilities or privileges  thereof,  including  the  extension  of
    14  credit,  or,  directly  or  indirectly,  to  publish,  circulate, issue,
    15  display, post or mail any written or printed  communication,  notice  or
    16  advertisement, to the effect that any of the accommodations, advantages,
    17  facilities  and  privileges of any such place shall be refused, withheld
    18  from or denied to any person on account of race, creed, color,  national
    19  origin,  citizenship  or  immigration status, sexual orientation, gender
    20  identity or expression, military  status,  sex,  disability  or  marital
    21  status,  or  that  the  patronage  or custom thereat of any person of or
    22  purporting to be of any particular race, creed, color, national  origin,
    23  citizenship  or  immigration status, sexual orientation, gender identity
    24  or expression, military status, sex or marital status, or having a disa-
    25  bility is unwelcome, objectionable or not acceptable, desired or  solic-
    26  ited.
    27    § 5. This act shall take effect immediately.