Bill Text: NY A06354 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits discrimination in housing based upon domestic violence status and establishes a task force to study the impact of source of income on access to housing.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed - Dead) 2015-06-19 - substituted by s5 [A06354 Detail]
Download: New_York-2015-A06354-Introduced.html
Bill Title: Prohibits discrimination in housing based upon domestic violence status and establishes a task force to study the impact of source of income on access to housing.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Engrossed - Dead) 2015-06-19 - substituted by s5 [A06354 Detail]
Download: New_York-2015-A06354-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6354 2015-2016 Regular Sessions I N A S S E M B L Y March 20, 2015 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to preventing housing discrimination against victims of domestic violence; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 34 of section 292 of the executive law is 2 REPEALED and a new subdivision 34 is added to read as follows: 3 34. THE TERM "VICTIM OF DOMESTIC VIOLENCE" SHALL HAVE THE SAME MEANING 4 AS IS ASCRIBED TO SUCH TERM BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE 5 SOCIAL SERVICES LAW. 6 S 2. Paragraph (a) of subdivision 2 of section 296 of the executive 7 law, as amended by chapter 106 of the laws of 2003, is amended to read 8 as follows: 9 (a) It shall be an unlawful discriminatory practice for any person, 10 being the owner, lessee, proprietor, manager, superintendent, agent or 11 employee of any place of public accommodation, resort or amusement, 12 because of the race, creed, color, national origin, sexual orientation, 13 military status, sex, [or] disability [or], marital status, OR STATUS AS 14 A VICTIM OF DOMESTIC VIOLENCE of any person, directly or indirectly, to 15 refuse, withhold from or deny to such person any of the accommodations, 16 advantages, facilities or privileges thereof, including the extension of 17 credit, or, directly or indirectly, to publish, circulate, issue, 18 display, post or mail any written or printed communication, notice or 19 advertisement, to the effect that any of the accommodations, advantages, 20 facilities and privileges of any such place shall be refused, withheld 21 from or denied to any person on account of race, creed, color, national 22 origin, sexual orientation, military status, sex, [or] disability [or], 23 marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or that the 24 patronage or custom thereat of any person of or purporting to be of any EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09563-01-5 A. 6354 2 1 particular race, creed, color, national origin, sexual orientation, 2 military status, sex [or], marital status, OR STATUS AS A VICTIM OF 3 DOMESTIC VIOLENCE, or having a disability is unwelcome, objectionable or 4 not acceptable, desired or solicited. 5 S 3. 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, [or] familial 13 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or 14 persons, or to represent that any housing accommodation or land is not 15 available for inspection, sale, rental or lease when in fact it is so 16 available. 17 (b) To discriminate against any person because of his or her race, 18 creed, color, disability, national origin, sexual orientation, military 19 status, age, sex, marital status, [or] familial status, OR STATUS AS A 20 VICTIM OF DOMESTIC VIOLENCE in the terms, conditions or privileges of 21 any publicly-assisted housing accommodations or in the furnishing of 22 facilities or services in connection therewith. 23 (c) To cause to be made any written or oral inquiry or record concern- 24 ing the race, creed, color, disability, national origin, sexual orien- 25 tation, membership in the reserve armed forces of the United States or 26 in the organized militia of the state, age, sex, marital status, [or] 27 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of a person 28 seeking to rent or lease any publicly-assisted housing accommodation; 29 provided, however, that nothing in this subdivision shall prohibit a 30 member of the reserve armed forces of the United States or in the organ- 31 ized militia of the state from voluntarily disclosing such membership. 32 (c-1) To print or circulate or cause to be printed or circulated any 33 statement, advertisement or publication, or to use any form of applica- 34 tion for the purchase, rental or lease of such housing accommodation or 35 to make any record or inquiry in connection with the prospective 36 purchase, rental or lease of such a housing accommodation which 37 expresses, directly or indirectly, any limitation, specification or 38 discrimination as to race, creed, color, national origin, sexual orien- 39 tation, military status, sex, age, disability, marital status, [or] 40 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any 41 intent to make any such limitation, specification or discrimination. 42 S 4. Subdivisions 3-b and 4 of section 296 of the executive law, as 43 amended by chapter 106 of the laws of 2003, are amended to read as 44 follows: 45 3-b. It shall be an unlawful discriminatory practice for any real 46 estate broker, real estate salesperson or employee or agent thereof or 47 any other individual, corporation, partnership or organization for the 48 purpose of inducing a real estate transaction from which any such person 49 or any of its stockholders or members may benefit financially, to repre- 50 sent that a change has occurred or will or may occur in the composition 51 with respect to race, creed, color, national origin, sexual orientation, 52 military status, sex, disability, marital status, [or] familial status, 53 OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of the owners or occupants in 54 the block, neighborhood or area in which the real property is located, 55 and to represent, directly or indirectly, that this change will or may 56 result in undesirable consequences in the block, neighborhood or area in A. 6354 3 1 which the real property is located, including but not limited to the 2 lowering of property values, an increase in criminal or anti-social 3 behavior, or a decline in the quality of schools or other facilities. 4 4. It shall be an unlawful discriminatory practice for an education 5 corporation or association which holds itself out to the public to be 6 non-sectarian and exempt from taxation pursuant to the provisions of 7 article four of the real property tax law to deny the use of its facili- 8 ties to any person otherwise qualified, or to permit the harassment of 9 any student or applicant, by reason of his race, color, religion, disa- 10 bility, national origin, sexual orientation, military status, sex, age 11 [or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, except 12 that any such institution which establishes or maintains a policy of 13 educating persons of one sex exclusively may admit students of only one 14 sex. 15 S 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296 16 of the executive law, as amended by chapter 106 of the laws of 2003, are 17 amended to read as follows: 18 (a) It shall be an unlawful discriminatory practice for the owner, 19 lessee, sub-lessee, assignee, or managing agent of, or other person 20 having the right to sell, rent or lease a housing accommodation, 21 constructed or to be constructed, or any agent or employee thereof: 22 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 23 from any person or group of persons such a housing accommodation because 24 of the race, creed, color, national origin, sexual orientation, military 25 status, sex, age, disability, marital status, [or] familial status, OR 26 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to 27 represent that any housing accommodation or land is not available for 28 inspection, sale, rental or lease when in fact it is so available. 29 (2) To discriminate against any person because of race, creed, color, 30 national origin, sexual orientation, military status, sex, age, disabil- 31 ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF 32 DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale, 33 rental or lease of any such housing accommodation or in the furnishing 34 of facilities or services in connection therewith. 35 (3) To print or circulate or cause to be printed or circulated any 36 statement, advertisement or publication, or to use any form of applica- 37 tion for the purchase, rental or lease of such housing accommodation or 38 to make any record or inquiry in connection with the prospective 39 purchase, rental or lease of such a housing accommodation which 40 expresses, directly or indirectly, any limitation, specification or 41 discrimination as to race, creed, color, national origin, sexual orien- 42 tation, military status, sex, age, disability, marital status, [or] 43 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, or any 44 intent to make any such limitation, specification or discrimination. 45 The provisions of this paragraph [(a)] shall not apply (1) to the 46 rental of a housing accommodation in a building which contains housing 47 accommodations for not more than two families living independently of 48 each other, if the owner resides in one of such housing accommodations, 49 (2) to the restriction of the rental of all rooms in a housing accommo- 50 dation to individuals of the same sex or (3) to the rental of a room or 51 rooms in a housing accommodation, if such rental is by the occupant of 52 the housing accommodation or by the owner of the housing accommodation 53 and the owner resides in such housing accommodation or (4) solely with 54 respect to age and familial status to the restriction of the sale, 55 rental or lease of housing accommodations exclusively to persons sixty- 56 two years of age or older and the spouse of any such person, or for A. 6354 4 1 housing intended and operated for occupancy by at least one person 2 fifty-five years of age or older per unit. In determining whether hous- 3 ing is intended and operated for occupancy by persons fifty-five years 4 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 5 federal Fair Housing Act of 1988, as amended, shall apply. 6 (b) It shall be an unlawful discriminatory practice for the owner, 7 lessee, sub-lessee, or managing agent of, or other person having the 8 right of ownership or possession of or the right to sell, rent or lease, 9 land or commercial space: 10 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 11 from any person or group of persons land or commercial space because of 12 the race, creed, color, national origin, sexual orientation, military 13 status, sex, age, disability, marital status, [or] familial status, OR 14 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to 15 represent that any housing accommodation or land is not available for 16 inspection, sale, rental or lease when in fact it is so available; 17 (2) To discriminate against any person because of race, creed, color, 18 national origin, sexual orientation, military status, sex, age, disabil- 19 ity, marital status, [or] familial status, OR STATUS AS A VICTIM OF 20 DOMESTIC VIOLENCE in the terms, conditions or privileges of the sale, 21 rental or lease of any such land or commercial space; or in the furnish- 22 ing of facilities or services in connection therewith; 23 (3) To print or circulate or cause to be printed or circulated any 24 statement, advertisement or publication, or to use any form of applica- 25 tion for the purchase, rental or lease of such land or commercial space 26 or to make any record or inquiry in connection with the prospective 27 purchase, rental or lease of such land or commercial space which 28 expresses, directly or indirectly, any limitation, specification or 29 discrimination as to race, creed, color, national origin, sexual orien- 30 tation, military status, sex, age, disability, marital status, [or] 31 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE; or any 32 intent to make any such limitation, specification or discrimination. 33 (4) With respect to age and familial status, the provisions of this 34 paragraph shall not apply to the restriction of the sale, rental or 35 lease of land or commercial space exclusively to persons fifty-five 36 years of age or older and the spouse of any such person, or to the 37 restriction of the sale, rental or lease of land to be used for the 38 construction, or location of housing accommodations exclusively for 39 persons sixty-two years of age or older, or intended and operated for 40 occupancy by at least one person fifty-five years of age or older per 41 unit. In determining whether housing is intended and operated for occu- 42 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 43 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 44 amended, shall apply. 45 (c) It shall be an unlawful discriminatory practice for any real 46 estate broker, real estate salesperson or employee or agent thereof: 47 (1) To refuse to sell, rent or lease any housing accommodation, land 48 or commercial space to any person or group of persons or to refuse to 49 negotiate for the sale, rental or lease, of any housing accommodation, 50 land or commercial space to any person or group of persons because of 51 the race, creed, color, national origin, sexual orientation, military 52 status, sex, age, disability, marital status, [or] familial status, OR 53 STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or persons, or to 54 represent that any housing accommodation, land or commercial space is 55 not available for inspection, sale, rental or lease when in fact it is 56 so available, or otherwise to deny or withhold any housing accommo- A. 6354 5 1 dation, land or commercial space or any facilities of any housing accom- 2 modation, land or commercial space from any person or group of persons 3 because of the race, creed, color, national origin, sexual orientation, 4 military status, sex, age, disability, marital status, [or] familial 5 status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of such person or 6 persons. 7 (2) To print or circulate or cause to be printed or circulated any 8 statement, advertisement or publication, or to use any form of applica- 9 tion for the purchase, rental or lease of any housing accommodation, 10 land or commercial space or to make any record or inquiry in connection 11 with the prospective purchase, rental or lease of any housing accommo- 12 dation, land or commercial space which expresses, directly or indirect- 13 ly, any limitation, specification, or discrimination as to race, creed, 14 color, national origin, sexual orientation, military status, sex, age, 15 disability, marital status, [or] familial status, OR STATUS AS A VICTIM 16 OF DOMESTIC VIOLENCE; or any intent to make any such limitation, spec- 17 ification or discrimination. 18 (3) With respect to age and familial status, the provisions of this 19 paragraph shall not apply to the restriction of the sale, rental or 20 lease of any land or commercial space exclusively to persons fifty-five 21 years of age or older and the spouse of any such person, or to the 22 restriction of the sale, rental or lease of any housing accommodation or 23 land to be used for the construction or location of housing accommo- 24 dations for persons sixty-two years of age or older, or intended and 25 operated for occupancy by at least one person fifty-five years of age or 26 older per unit. In determining whether housing is intended and operated 27 for occupancy by persons fifty-five years of age or older, Sec. 807 (b) 28 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 29 1988, as amended, shall apply. 30 (d) It shall be an unlawful discriminatory practice for any real 31 estate board, because of the race, creed, color, national origin, sexual 32 orientation, military status, age, sex, disability, marital status, [or] 33 familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of any indi- 34 vidual who is otherwise qualified for membership, to exclude or expel 35 such individual from membership, or to discriminate against such indi- 36 vidual in the terms, conditions and privileges of membership in such 37 board. 38 S 6. Section 296 of the executive law is amended by adding a new 39 subdivision 22 to read as follows: 40 22. NO PROVISION OF THIS SECTION SHALL BE CONSTRUED TO PROHIBIT AN 41 OWNER, LESSEE, SUBLESSEE, ASSIGNEE OR MANAGING AGENT OF ANY HOUSING 42 ACCOMMODATION, PUBLIC OR PRIVATE, OR OTHER PERSON HAVING THE RIGHT OF 43 OWNERSHIP OR POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH AN ACCOM- 44 MODATION, FROM MAKING ANY INQUIRY OR OBTAINING OR RETAINING INFORMATION 45 ABOUT AN INDIVIDUAL'S DOMESTIC VIOLENCE VICTIM STATUS SOLELY FOR THE 46 PURPOSE OF: 47 (A) PROVIDING OR PRESERVING RESIDENCY IN ANY PUBLIC OR PRIVATE HOUSING 48 FOR THAT VICTIM OF DOMESTIC VIOLENCE; 49 (B) PROVIDING ANY OTHER ASSISTANCE TO A VICTIM OF DOMESTIC VIOLENCE, 50 THE PURPOSE OF WHICH IS TO ASSIST RATHER THAN TO HINDER OBTAINING OR 51 RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR 52 (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN APPLICANT, TENANT, OR 53 LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE. 54 S 7. This act shall take effect on the ninetieth day after it shall 55 have become a law.