Bill Text: NY A04367 | 2009-2010 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the state board of parole to notify felons of their right to vote within thirty days immediately prior to release; provides such persons with an application form for registration and enrollment.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2011-02-03 - referred to election law [A04367 Detail]
Download: New_York-2009-A04367-Introduced.html
Bill Title: Requires the state board of parole to notify felons of their right to vote within thirty days immediately prior to release; provides such persons with an application form for registration and enrollment.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2011-02-03 - referred to election law [A04367 Detail]
Download: New_York-2009-A04367-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4367
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
___________
Introduced by M. of A. GREENE, BENJAMIN, CASTRO, GOTTFRIED, KELLNER,
MILLMAN, PERRY, ROSENTHAL, TITONE -- Multi-Sponsored by -- M. of A.
CLARK, DIAZ, GLICK, JAFFEE, TOWNS, WEISENBERG -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to unlawful discriminato-
ry practices in housing based on lawful source of income
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 292 of the executive law is amended by adding a new
2 subdivision 34 to read as follows:
3 34. THE TERM "LAWFUL SOURCE OF INCOME" SHALL INCLUDE, BUT NOT BE
4 LIMITED TO, THE FEDERAL HOUSING SUBSIDY KNOWN AS "SECTION EIGHT".
5 S 2. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
6 296 of the executive law, paragraphs (a), (b) and (c) as amended and
7 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
8 to read as follows:
9 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
10 hold from any person or group of persons such housing accommodations
11 because of the race, creed, color, disability, national origin, sexual
12 orientation, military status, age, sex, marital status, LAWFUL SOURCE OF
13 INCOME or familial status of such person or persons, or to represent
14 that any housing accommodation or land is not available for inspection,
15 sale, rental or lease when in fact it is so available.
16 (b) To discriminate against any person because of his or her race,
17 creed, color, disability, national origin, sexual orientation, military
18 status, age, sex, marital status, LAWFUL SOURCE OF INCOME or familial
19 status in the terms, conditions or privileges of any publicly-assisted
20 housing accommodations or in the furnishing of facilities or services in
21 connection therewith.
22 (c) To cause to be made any written or oral inquiry or record concern-
23 ing the race, creed, color, disability, national origin, sexual orien-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04473-01-9
A. 4367 2
1 tation, membership in the reserve armed forces of the United States or
2 in the organized militia of the state, age, sex, marital status, LAWFUL
3 SOURCE OF INCOME or familial status of a person seeking to rent or lease
4 any publicly-assisted housing accommodation; provided, however, that
5 nothing in this subdivision shall prohibit a member of the reserve armed
6 forces of the United States or in the organized militia of the state
7 from voluntarily disclosing such membership.
8 (c-1) To print or circulate or cause to be printed or circulated any
9 statement, advertisement or publication, or to use any form of applica-
10 tion for the purchase, rental or lease of such housing accommodation or
11 to make any record or inquiry in connection with the prospective
12 purchase, rental or lease of such a housing accommodation which
13 expresses, directly or indirectly, any limitation, specification or
14 discrimination as to race, creed, color, national origin, sexual orien-
15 tation, military status, sex, age, disability, marital status, LAWFUL
16 SOURCE OF INCOME or familial status, or any intent to make any such
17 limitation, specification or discrimination.
18 S 3. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of
19 section 296 of the executive law, as amended by chapter 106 of the laws
20 of 2003, are amended to read as follows:
21 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
22 from any person or group of persons such a housing accommodation because
23 of the race, creed, color, national origin, sexual orientation, military
24 status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or
25 familial status of such person or persons, or to represent that any
26 housing accommodation or land is not available for inspection, sale,
27 rental or lease when in fact it is so available.
28 (2) To discriminate against any person because of race, creed, color,
29 national origin, sexual orientation, military status, sex, age, disabil-
30 ity, marital status, LAWFUL SOURCE OF INCOME or familial status in the
31 terms, conditions or privileges of the sale, rental or lease of any such
32 housing accommodation or in the furnishing of facilities or services in
33 connection therewith.
34 (3) To print or circulate or cause to be printed or circulated any
35 statement, advertisement or publication, or to use any form of applica-
36 tion for the purchase, rental or lease of such housing accommodation or
37 to make any record or inquiry in connection with the prospective
38 purchase, rental or lease of such a housing accommodation which
39 expresses, directly or indirectly, any limitation, specification or
40 discrimination as to race, creed, color, national origin, sexual orien-
41 tation, military status, sex, age, disability, marital status, LAWFUL
42 SOURCE OF INCOME or familial status, or any intent to make any such
43 limitation, specification or discrimination.
44 S 4. Subdivision 20 of section 296 of the executive law, as renumbered
45 by chapter 204 of the laws of 1996, is renumbered subdivision 21 and a
46 new subdivision 20 is added to read as follows:
47 20. THE PROVISIONS OF THIS SUBDIVISION, AS THEY RELATE TO UNLAWFUL
48 DISCRIMINATORY PRACTICES ON THE BASIS OF LAWFUL SOURCE OF INCOME, SHALL
49 NOT APPLY TO HOUSING ACCOMMODATIONS THAT CONTAIN A TOTAL OF FIVE OR
50 FEWER HOUSING UNITS, PROVIDED, HOWEVER:
51 (A) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO TENANTS SUBJECT
52 TO RENT CONTROL LAWS WHO RESIDE IN HOUSING ACCOMMODATIONS THAT CONTAIN A
53 TOTAL OF FIVE OR FEWER UNITS AS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
54 SION; AND PROVIDED, HOWEVER:
55 (B) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ALL HOUSING
56 ACCOMMODATIONS, REGARDLESS OF THE NUMBER OF UNITS CONTAINED IN EACH, OF
A. 4367 3
1 ANY PERSON WHO HAS THE RIGHT TO SELL, RENT OR LEASE OR APPROVE THE SALE,
2 RENTAL OR LEASE OF AT LEAST ONE HOUSING ACCOMMODATION WITHIN NEW YORK
3 STATE THAT CONTAINS SIX OR MORE HOUSING UNITS, CONSTRUCTED OR TO BE
4 CONSTRUCTED, OR AN INTEREST THEREIN.
5 S 5. The executive law is amended by adding a new section 298-b to
6 read as follows:
7 S 298-B. PUNITIVE PENALTIES FOR CERTAIN VIOLATIONS. NOTWITHSTANDING
8 ANY PROVISION OF LAW TO THE CONTRARY, IN ANY FINDING OF A VIOLATION OF
9 SUBDIVISION TWO-A OR SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-SIX
10 OF THIS ARTICLE, WHERE SUCH VIOLATION INVOLVES DISCRIMINATION ON THE
11 BASIS OF LAWFUL SOURCE OF INCOME THE COMMISSIONER SHALL IMPOSE A PUNI-
12 TIVE PENALTY OF NOT LESS THAN TWENTY-FIVE HUNDRED DOLLARS AND NOT MORE
13 THAN FIVE THOUSAND DOLLARS AGAINST THE OWNER, LESSEE, SUB-LESSEE, ASSIG-
14 NEE, OR MANAGING AGENT OF SUCH HOUSING ACCOMMODATION FOUND IN VIOLATION.
15 S 6. This act shall take effect immediately and shall apply to all
16 causes of action filed on and after such effective date.
