Bill Text: NY A04681 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to rental discrimination based upon consumer credit history; prohibits a person from refusing to rent or lease or otherwise to deny to or withhold from any person or group of persons housing accommodations because of the consumer credit history of such person or persons, or to represent that any housing accommodation is not available for rental or lease when in fact it is so available; defines consumer credit history.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A04681 Detail]

Download: New_York-2021-A04681-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4681

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

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

        AN ACT to amend the executive law, in relation to rental  discrimination
          based upon consumer credit history

          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 39 to read as follows:
     3    39. The term "consumer credit history" means  an  individual's  credit
     4  worthiness,  credit  standing,  credit  capacity  or payment history, as
     5  indicated by:
     6    (a) a consumer credit report; or
     7    (b) credit score.
     8    § 2. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296  of
     9  the  executive  law,  as amended by section 3 of part T of chapter 56 of
    10  the laws of 2019, are amended to read as follows:
    11    (a) (i) To refuse to sell, rent or lease or otherwise to  deny  to  or
    12  withhold from any person or group of persons such housing accommodations
    13  because  of  the race, creed, color, disability, national origin, sexual
    14  orientation, gender identity or expression, military status,  age,  sex,
    15  marital  status,  lawful  source  of  income  or familial status of such
    16  person or persons, or to represent that  any  housing  accommodation  or
    17  land is not available for inspection, sale, rental or lease when in fact
    18  it is so available.
    19    (ii)  To  refuse  to rent or lease or otherwise to deny to or withhold
    20  from any person or group of persons such housing accommodations  because
    21  of  the  consumer credit history of such person or persons, or to repre-
    22  sent that any housing accommodation is not available for rental or lease
    23  when in fact it is so available.
    24    (b) To discriminate against any person because of  his  or  her  race,
    25  creed,  color,  disability,  national origin, sexual orientation, gender

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05092-01-1
        A. 4681                             2

     1  identity or expression,  military  status,  age,  sex,  marital  status,
     2  lawful source of income [or], familial status or consumer credit history
     3  in  the terms, conditions or privileges of any publicly-assisted housing
     4  accommodations  or  in  the  furnishing  of  facilities  or  services in
     5  connection therewith.
     6    (c) To cause to be made any written or oral inquiry or record concern-
     7  ing the race, creed, color, disability, national origin,  sexual  orien-
     8  tation,  gender  identity or expression, membership in the reserve armed
     9  forces of the United States or in the organized militia  of  the  state,
    10  age,  sex, marital status, lawful source of income [or], familial status
    11  or consumer credit history of a person seeking  to  rent  or  lease  any
    12  publicly-assisted housing accommodation; provided, however, that nothing
    13  in  this subdivision shall prohibit a member of the reserve armed forces
    14  of the United States or in the  organized  militia  of  the  state  from
    15  voluntarily disclosing such membership.
    16    §  3.  Subdivision 5 of section 296 of the executive law is amended by
    17  adding a new paragraph (h) to read as follows:
    18    (h) It shall be an unlawful discriminatory  practice  for  any  person
    19  offering  housing accommodations for rent or lease as described in para-
    20  graphs (a), (b) and (c) of this subdivision to refuse to rent  or  lease
    21  or  otherwise  deny  to  or withhold from any person or group of persons
    22  such housing accommodations because of the consumer  credit  history  of
    23  such  person  or persons, or to represent that any housing accommodation
    24  is not available for rental or lease when in fact it is so available.
    25    § 4. This act shall take effect immediately.