STATE OF NEW YORK
________________________________________________________________________
9526
IN ASSEMBLY
January 24, 2020
___________
Introduced by M. of A. BUCHWALD, ZEBROWSKI -- (at request of the Divi-
sion 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 8 of the laws of 2019, 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
20 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
21 apply]. However, such rental property shall no longer be exempt from the
22 provisions of such subparagraphs one and two of this paragraph if there
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09280-01-9
A. 9526 2
1 is unlawful discriminatory conduct pursuant to subparagraph three of
2 this paragraph.
3 (ii) The provisions of subparagraphs one, two and three of this para-
4 graph shall not apply (A) to the restriction of the rental of all rooms
5 in a housing accommodation to individuals of the same sex, (B) to the
6 rental of a room or rooms in a housing accommodation, if such rental is
7 by the occupant of the housing accommodation or by the owner of the
8 housing accommodation and the owner resides in such housing accommo-
9 dation, or (C) solely with respect to age and familial status to the
10 restriction of the sale, rental or lease of housing accommodations
11 exclusively to persons sixty-two years of age or older and the spouse of
12 any such person, or for housing intended and operated for occupancy by
13 at least one person fifty-five years of age or older per unit. In deter-
14 mining whether housing is intended and operated for occupancy by persons
15 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
16 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
17 apply.
18 § 2. This act shall take effect on the same date and in the same
19 manner as section 11 of chapter 8 of the laws of 2019.