Bill Text: NY A05431 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to rental discrimination based on income.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A05431 Detail]
Download: New_York-2017-A05431-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5431 2017-2018 Regular Sessions IN ASSEMBLY February 9, 2017 ___________ Introduced by M. of A. WEPRIN, STIRPE, BICHOTTE, JOYNER, WALKER -- Multi-Sponsored by -- M. of A. BRONSON, GALEF, GOTTFRIED, LAVINE, LIFTON, McDONALD, McDONOUGH, MOSLEY, PERRY, RIVERA, ROSENTHAL, SEPULVEDA, SKARTADOS -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to discrimination based upon the income of persons 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 35 to read as follows: 3 35. The term "source of income" shall include: wages from lawful 4 employment; child support; alimony; foster care subsidies; income 5 derived from social security, or any form of federal, state or local 6 public assistance; housing and rental subsidies and assistance, includ- 7 ing section 8 vouchers; savings, investment and trust accounts; and any 8 other forms of lawful income. 9 § 2. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of 10 the executive law, as amended by chapter 106 of the laws of 2003, are 11 amended to read as follows: 12 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 13 hold from any person or group of persons such housing accommodations 14 because of the race, creed, color, disability, national origin, sexual 15 orientation, military status, age, sex, marital status, [or] familial 16 status, or source of income of such person or persons, or to represent 17 that any housing accommodation or land is not available for inspection, 18 sale, rental or lease when in fact it is so available. 19 (b) To discriminate against any person because of his or her race, 20 creed, color, disability, national origin, sexual orientation, military 21 status, age, sex, marital status, [or] familial status, or source of 22 income in the terms, conditions or privileges of any publicly-assisted EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00759-01-7A. 5431 2 1 housing accommodations or in the furnishing of facilities or services in 2 connection therewith. 3 (c) To cause to be made any written or oral inquiry or record concern- 4 ing the race, creed, color, disability, national origin, sexual orien- 5 tation, membership in the reserve armed forces of the United States or 6 in the organized militia of the state, age, sex, marital status, [or] 7 familial status, or source of income of a person seeking to rent or 8 lease any publicly-assisted housing accommodation; provided, however, 9 that nothing in this subdivision shall prohibit a member of the reserve 10 armed forces of the United States or in the organized militia of the 11 state from voluntarily disclosing such membership, and provided further, 12 however, that the provisions of this paragraph shall not be construed to 13 prevent an owner, lessee, sub-lessee, assignee or managing agent from 14 obtaining a credit report detailing such person's credit worthiness. 15 § 3. Subdivision 5 of section 296 of the executive law, as amended by 16 chapter 106 of the laws of 2003, is amended to read as follows: 17 5. (a) It shall be an unlawful discriminatory practice for the owner, 18 lessee, sub-lessee, assignee, or managing agent of, or other person 19 having the right to sell, rent or lease a housing accommodation, 20 constructed or to be constructed, or any agent or employee thereof: 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, [or] familial status, or 25 source of income 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, [or] familial status, or source of income 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, [or] 42 familial status, or source of income, or any intent to make any such 43 limitation, specification or discrimination, provided, however, that the 44 provisions of this subparagraph shall not be construed to prevent an 45 owner, lessee, sub-lessee, assignee, or managing agent of, or other 46 person having the right to sell, rent or lease a housing accommodation, 47 constructed or to be constructed, or any agent or employee thereof from 48 obtaining a credit report detailing the credit worthiness of any 49 prospective individuals seeking to purchase, rent or lease a housing 50 accommodation. 51 The provisions of this paragraph (a) shall not apply (1) to the rental 52 of a housing accommodation in a building which contains housing accommo- 53 dations for not more than two families living independently of each 54 other, if the owner resides in one of such housing accommodations, (2) 55 to the restriction of the rental of all rooms in a housing accommodation 56 to individuals of the same sex or (3) to the rental of a room or roomsA. 5431 3 1 in a housing accommodation, if such rental is by the occupant of the 2 housing accommodation or by the owner of the housing accommodation and 3 the owner resides in such housing accommodation or (4) solely with 4 respect to age and familial status to the restriction of the sale, 5 rental or lease of housing accommodations exclusively to persons sixty- 6 two years of age or older and the spouse of any such person, or for 7 housing intended and operated for occupancy by at least one person 8 fifty-five years of age or older per unit. In determining whether hous- 9 ing is intended and operated for occupancy by persons fifty-five years 10 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 11 federal Fair Housing Act of 1988, as amended, shall apply. 12 (b) It shall be an unlawful discriminatory practice for the owner, 13 lessee, sub-lessee, or managing agent of, or other person having the 14 right of ownership or possession of or the right to sell, rent or lease, 15 land or commercial space: 16 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 17 from any person or group of persons land or commercial space because of 18 the race, creed, color, national origin, sexual orientation, military 19 status, sex, age, disability, marital status, [or] familial status, or 20 source of income of such person or persons, or to represent that any 21 housing accommodation or land is not available for inspection, sale, 22 rental or lease when in fact it is so available; 23 (2) To discriminate against any person because of race, creed, color, 24 national origin, sexual orientation, military status, sex, age, disabil- 25 ity, marital status, [or] familial status, or source of income in the 26 terms, conditions or privileges of the sale, rental or lease of any such 27 land or commercial space; or in the furnishing of facilities or services 28 in connection therewith; 29 (3) To print or circulate or cause to be printed or circulated any 30 statement, advertisement or publication, or to use any form of applica- 31 tion for the purchase, rental or lease of such land or commercial space 32 or to make any record or inquiry in connection with the prospective 33 purchase, rental or lease of such land or commercial space which 34 expresses, directly or indirectly, any limitation, specification or 35 discrimination as to race, creed, color, national origin, sexual orien- 36 tation, military status, sex, age, disability, marital status, [or] 37 familial status, or source of income; or any intent to make any such 38 limitation, specification or discrimination. 39 (4) With respect to age and familial status, the provisions of this 40 paragraph shall not apply to the restriction of the sale, rental or 41 lease of land or commercial space exclusively to persons fifty-five 42 years of age or older and the spouse of any such person, or to the 43 restriction of the sale, rental or lease of land to be used for the 44 construction, or location of housing accommodations exclusively for 45 persons sixty-two years of age or older, or intended and operated for 46 occupancy by at least one person fifty-five years of age or older per 47 unit. In determining whether housing is intended and operated for occu- 48 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 49 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 50 amended, shall apply. 51 (c) It shall be an unlawful discriminatory practice for any real 52 estate broker, real estate salesperson or employee or agent thereof: 53 (1) To refuse to sell, rent or lease any housing accommodation, land 54 or commercial space to any person or group of persons or to refuse to 55 negotiate for the sale, rental or lease, of any housing accommodation, 56 land or commercial space to any person or group of persons because ofA. 5431 4 1 the race, creed, color, national origin, sexual orientation, military 2 status, sex, age, disability, marital status, [or] familial status, or 3 source of income of such person or persons, or to represent that any 4 housing accommodation, land or commercial space is not available for 5 inspection, sale, rental or lease when in fact it is so available, or 6 otherwise to deny or withhold any housing accommodation, land or commer- 7 cial space or any facilities of any housing accommodation, land or 8 commercial space from any person or group of persons because of the 9 race, creed, color, national origin, sexual orientation, military 10 status, sex, age, disability, marital status, [or] familial status, or 11 source of income of such person or persons. 12 (2) To print or circulate or cause to be printed or circulated any 13 statement, advertisement or publication, or to use any form of applica- 14 tion for the purchase, rental or lease of any housing accommodation, 15 land or commercial space or to make any record or inquiry in connection 16 with the prospective purchase, rental or lease of any housing accommo- 17 dation, land or commercial space which expresses, directly or indirect- 18 ly, any limitation, specification, or discrimination as to race, creed, 19 color, national origin, sexual orientation, military status, sex, age, 20 disability, marital status, [or] familial status, or source of income; 21 or any intent to make any such limitation, specification or discrimi- 22 nation. 23 (3) With respect to age and familial status, the provisions of this 24 paragraph shall not apply to the restriction of the sale, rental or 25 lease of any land or commercial space exclusively to persons fifty-five 26 years of age or older and the spouse of any such person, or to the 27 restriction of the sale, rental or lease of any housing accommodation or 28 land to be used for the construction or location of housing accommo- 29 dations for persons sixty-two years of age or older, or intended and 30 operated for occupancy by at least one person fifty-five years of age or 31 older per unit. In determining whether housing is intended and operated 32 for occupancy by persons fifty-five years of age or older, Sec. 807 (b) 33 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 34 1988, as amended, shall apply. 35 (d) It shall be an unlawful discriminatory practice for any real 36 estate board, because of the race, creed, color, national origin, sexual 37 orientation, military status, age, sex, disability, marital status, [or] 38 familial status, or source of income of any individual who is otherwise 39 qualified for membership, to exclude or expel such individual from 40 membership, or to discriminate against such individual in the terms, 41 conditions and privileges of membership in such board. 42 (e) It shall be an unlawful discriminatory practice for the owner, 43 proprietor or managing agent of, or other person having the right to 44 provide care and services in, a private proprietary nursing home, conva- 45 lescent home, or home for adults, or an intermediate care facility, as 46 defined in section two of the social services law, heretofore 47 constructed, or to be constructed, or any agent or employee thereof, to 48 refuse to provide services and care in such home or facility to any 49 individual or to discriminate against any individual in the terms, 50 conditions, and privileges of such services and care solely because such 51 individual is a blind person. For purposes of this paragraph, a "blind 52 person" shall mean a person who is registered as a blind person with the 53 commission for the visually handicapped and who meets the definition of 54 a "blind person" pursuant to section three of chapter four hundred 55 fifteen of the laws of nineteen hundred thirteen entitled "An act toA. 5431 5 1 establish a state commission for improving the condition of the blind of 2 the state of New York, and making an appropriation therefor". 3 (f) The provisions of this subdivision, as they relate to age, shall 4 not apply to persons under the age of eighteen years. 5 (g) It shall be an unlawful discriminatory practice for any person 6 offering or providing housing accommodations, land or commercial space 7 as described in paragraphs (a), (b), and (c) of this subdivision to make 8 or cause to be made any written or oral inquiry or record concerning 9 membership of any person in the state organized militia in relation to 10 the purchase, rental or lease of such housing accommodation, land, or 11 commercial space, provided, however, that nothing in this subdivision 12 shall prohibit a member of the state organized militia from voluntarily 13 disclosing such membership. 14 (h) The provisions of this subdivision prohibiting discriminatory 15 practices based on source of income shall not be construed to prohibit 16 the refusal of a sale, rental or lease of commercial space based on the 17 type of commercial activity such purchaser, renter or lessee will use 18 such commercial space for. 19 § 4. Section 296 of the executive law is amended by adding a new 20 subdivision 22 to read as follows: 21 22. (a) Notwithstanding the provisions of subdivisions two-a and five 22 of this section relating to the prohibition of unlawful discriminatory 23 practices based on source of income, such provisions shall not apply to 24 housing accommodations that: (i) contain fewer than three housing 25 units; or (ii) contain a total of five or fewer housing units located 26 within a municipality that had a local law pertaining to such discrimi- 27 natory practices, which exempted housing accommodations that contained 28 five or fewer housing units from such prohibition, in existence prior to 29 the effective date of this subdivision, provided, however, that if such 30 local law is repealed after the effective date of this subdivision, the 31 provisions of this section relating to the prohibition of unlawful 32 discriminatory practices based on source of income shall apply to such 33 housing accommodations. 34 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 35 sion, the provisions of subdivisions two-a and five of this section 36 relating to the prohibition of unlawful discriminatory practices based 37 on source of income shall apply (i) to tenants subject to rent control 38 laws who reside in housing accommodations that contain a total of five 39 or fewer units as of the effective date of this subdivision; and (ii) to 40 all housing accommodations, regardless of the number of units contained 41 in each, of any owner or any agent thereof who has the right to sell, 42 rent or lease or approve the sale, rental or lease of at least one hous- 43 ing accommodation within the state of New York that contains six or more 44 housing units, constructed or to be constructed, or an interest therein. 45 § 5. This act shall take effect immediately.
