Bill Text: NY A07280 | 2017-2018 | General Assembly | Introduced

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Bill Title: Eliminates exemption from discrimination prohibitions in housing rental relating to advertisements for owner-occupied housing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.507 [A07280 Detail]

Download: New_York-2017-A07280-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7280
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 19, 2017
                                       ___________
        Introduced  by  M.  of A. BUCHWALD, PEOPLES-STOKES -- (at request of the
          Division of Human Rights) -- read once and referred to  the  Committee
          on Governmental Operations
        AN  ACT  to amend the executive law, in relation to providing that there
          is no exemption from the requirement of  nondiscrimination  in  adver-
          tisements and inquiries for the rental of an apartment in an owner-oc-
          cupied two-unit dwelling, or for the rental of rooms in an owner-occu-
          pied  dwelling,  and  that  engaging  in discriminatory advertising or
          inquiries will cause the property to no longer  be  exempt  from  full
          coverage by the nondiscrimination provisions of the human rights law
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The closing paragraph of subparagraph 3 of paragraph (a) of
     2  subdivision 5 of section 296 of the executive law, as amended by chapter
     3  106 of the laws of 2003, is amended to read as follows:
     4    (4) (i) The provisions of subparagraphs one and two of this  paragraph
     5  [(a)]  shall not apply [(1)] to the rental of a housing accommodation in
     6  a building which contains housing accommodations for not more  than  two
     7  families living independently of each other, if the owner resides in one
     8  of such housing accommodations[, (2) to the restriction of the rental of
     9  all  rooms  in a housing accommodation to individuals of the same sex or
    10  (3) to the rental of a room or rooms in a housing accommodation, if such
    11  rental is by the occupant of the housing accommodation or by  the  owner
    12  of  the  housing  accommodation  and  the  owner resides in such housing
    13  accommodation or (4) solely with respect to age and familial  status  to
    14  the  restriction  of the sale, rental or lease of housing accommodations
    15  exclusively to persons sixty-two years of age or older and the spouse of
    16  any such person, or for housing intended and operated for  occupancy  by
    17  at least one person fifty-five years of age or older per unit. In deter-
    18  mining whether housing is intended and operated for occupancy by persons
    19  fifty-five  years  of  age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10102-01-7
        A. 7280                             2

     1  (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
     2  apply]. However, such rental property shall no longer be exempt from the
     3  provisions  of  such  subparagraphs  one  and  two  if there is unlawful
     4  discriminatory conduct pursuant to subparagraph three of this paragraph.
     5    (ii)  The provisions of subparagraphs one, two and three of this para-
     6  graph shall not apply (A) to the restriction of the rental of all  rooms
     7  in  a  housing  accommodation to individuals of the same sex, (B) to the
     8  rental of a room or rooms in a housing accommodation, if such rental  is
     9  by  the  occupant  of  the  housing accommodation or by the owner of the
    10  housing accommodation and the owner resides  in  such  housing  accommo-
    11  dation,  or  (C)  solely  with respect to age and familial status to the
    12  restriction of the sale,  rental  or  lease  of  housing  accommodations
    13  exclusively to persons sixty-two years of age or older and the spouse of
    14  any  such  person, or for housing intended and operated for occupancy by
    15  at least one person fifty-five years of age or older per unit. In deter-
    16  mining whether housing is intended and operated for occupancy by persons
    17  fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
    18  (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
    19  apply.
    20    § 2. This act shall take effect immediately.