Bill Text: NY A03112 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to directing the division of human rights to promulgate regulations requiring the disclosure of lawful source of income rights to prospective tenants; directs certain government entities and non-profit entities authorized to administer public housing programs or assistance to ensure potential recipients of public assistance are informed to their rights related to lawful source of income discrimination.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Passed) 2021-07-16 - signed chap.243 [A03112 Detail]

Download: New_York-2021-A03112-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3112

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced by M. of A. EPSTEIN, WEPRIN, NOLAN, HEVESI, REYES, SEAWRIGHT,
          SIMON,  GOTTFRIED, PERRY, TAYLOR, DAVILA, ENGLEBRIGHT -- read once and
          referred to the Committee on Governmental Operations

        AN ACT to amend the executive law, in relation to directing the division
          of human rights to promulgate a statement regarding housing  discrimi-
          nation that shall be appended to any form of housing assistance

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

     1    Section 1. The executive law is amended by adding a new section  295-a
     2  to read as follows:
     3    §  295-a. Additional powers and duties of the division. 1. In addition
     4  to the powers and duties otherwise provided by this article,  the  divi-
     5  sion  shall  create and promulgate a statement that shall be appended to
     6  any form of housing assistance administered by any  state  or  municipal
     7  agency  including,  but not limited to, the section eight housing choice
     8  voucher program, or any other form of housing  assistance,  payment,  or
     9  credit  regardless  of whether or not such assistance, payment or credit
    10  is paid or attributed directly to a landlord. Such statement shall, at a
    11  minimum, include:
    12    (a) examples of different forms of lawful source of income;
    13    (b) examples of phrases that  may  indicate  discrimination  based  on
    14  lawful  source  of income in violation of section two hundred ninety-six
    15  of this article;
    16    (c) a statement that it is illegal for the owner or any  other  person
    17  having  the  right to sell, rent or lease a housing accommodation, other
    18  than an accommodation in an owner-occupied  building  of  two  units  or
    19  fewer, constructed or to be constructed, or any agent or employee there-
    20  of,  or  any real estate broker, real estate salesperson, or employee or
    21  agent thereof to do the following:
    22    (i) refuse to sell, rent, or lease, or otherwise to deny to  or  with-
    23  hold  from  a person a housing accommodation because of their receipt or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03165-01-1

        A. 3112                             2

     1  use of housing assistance, or represent that such housing  accommodation
     2  is  not available for inspection, sale, rental, or lease when in fact it
     3  is so available;
     4    (ii)  require  different  terms  or  conditions  or  fail or refuse to
     5  provide facilities or services because of a person's receipt or  use  of
     6  housing assistance;
     7    (iii)  cause to be made any written or oral inquiry or record concern-
     8  ing the receipt or use of housing assistance of a person seeking to rent
     9  or lease any housing accommodation; or
    10    (iv) print or circulate  any  type  of  statement,  advertisement,  or
    11  publication,  use  any  application  form, or make any record or inquiry
    12  relating to the prospective purchase, rental,  or  lease  of  a  housing
    13  accommodation  which  indirectly  or  directly expresses any limitation,
    14  specification, or discrimination relating to a person's use  or  receipt
    15  of housing assistance;
    16    (d)  a  statement  that it is illegal for landlords to refuse or delay
    17  making repairs to an individual's unit because such individual pays rent
    18  with housing assistance;
    19    (e) a statement that an individual has  the  right  to  be  free  from
    20  discriminatory,  harassing  or threatening behavior or comments based on
    21  such individual's receipt of or application for housing assistance;
    22    (f) contact information, including phone numbers, for the  appropriate
    23  agencies  and  departments  at  which to make a complaint if the voucher
    24  recipient feels that he or she is a victim of source of income discrimi-
    25  nation;
    26    (g) contact information, including phone numbers, for nonprofit organ-
    27  izations dedicated to eliminating housing discrimination;
    28    (h) a statement that an individual has the right to file a lawsuit  in
    29  a court of law; and
    30    (i) any other information deemed appropriate by the commissioner.
    31    2.  Nothing  in this section shall be construed to affect or limit the
    32  duties or responsibilities  of  any  party  to  fully  comply  with  the
    33  provisions of section two hundred ninety-six of this article.
    34    §  2.  This  act shall take effect on the ninetieth day after it shall
    35  have become a law.    Effective  immediately,  the  addition,  amendment
    36  and/or repeal of any rule or regulation necessary for the implementation
    37  of  this  act  on  its  effective  date  are  authorized  to be made and
    38  completed on or before such effective date.
feedback