Bill Text: NY A10610 | 2017-2018 | General Assembly | Introduced
Bill Title: Prevents discrimination based on lawful source of income in housing; provides a definition for lawful source of income.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced - Dead) 2018-05-31 - advanced to third reading cal.1066 [A10610 Detail]
Download: New_York-2017-A10610-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10610 IN ASSEMBLY May 9, 2018 ___________ Introduced by M. of A. WEPRIN, MOSLEY, JOYNER, PEOPLES-STOKES, SKOUFIS, MORELLE, MAGNARELLI, CYMBROWITZ, BENEDETTO -- (at request of the Governor) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to preventing discrimi- nation based on lawful source of income in housing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and maybe cited as the 2 "Lawful source of income non-discrimination act of 2018". 3 § 2. Section 292 of the executive law is amended by adding a new 4 subdivision 35 to read as follows: 5 35. The term "lawful source of income" shall include, but not be 6 limited to, child support, alimony, foster care subsidies, income 7 derived from Social Security, or any form of federal, state, or local 8 public assistance or housing assistance including, but not limited to, 9 Section 8 vouchers, or any other form of housing assistance payment or 10 credit whether or not such income or credit is paid or attributed 11 directly to a landlord, and other forms of lawful income. 12 § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 13 296 of the executive law, paragraphs (a), (b), and (c) as amended and 14 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended 15 to read as follows: 16 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 17 hold from any person or group of persons such housing accommodations 18 because of the race, creed, color, disability, national origin, sexual 19 orientation, military status, age, sex, marital status, lawful source of 20 income, or familial status of such person or persons, or to represent 21 that any housing accommodation or land is not available for inspection, 22 sale, rental or lease when in fact it is so available. 23 (b) To discriminate against any person because of his or her race, 24 creed, color, disability, national origin, sexual orientation, military 25 status, age, sex, marital status, lawful source of income or familial 26 status 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. LBD12058-01-8A. 10610 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, lawful 7 source of income or familial status of a person seeking to rent or lease 8 any publicly-assisted housing accommodation; provided, however, that 9 nothing in this subdivision shall prohibit a member of the reserve armed 10 forces of the United States or in the organized militia of the state 11 from voluntarily disclosing such membership. 12 (c-1) 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 such housing accommodation or 15 to make any record or inquiry in connection with the prospective 16 purchase, rental or lease of such a housing accommodation which 17 expresses, directly or indirectly, any limitation, specification or 18 discrimination as to race, creed, color, national origin, sexual orien- 19 tation, military status, sex, age, disability, marital status, lawful 20 source of income or familial status, or any intent to make any such 21 limitation, specification or discrimination. 22 § 4. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of 23 section 296 of the executive law, as amended by chapter 106 of the laws 24 of 2003, are amended to read as follows: 25 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 26 from any person or group of persons such a housing accommodation because 27 of the race, creed, color, national origin, sexual orientation, military 28 status, sex, age, disability, marital status, lawful source of income or 29 familial status of such person or persons, or to represent that any 30 housing accommodation or land is not available for inspection, sale, 31 rental or lease when in fact it is so available. 32 (2) To discriminate against any person because of race, creed, color, 33 national origin, sexual orientation, military status, sex, age, disabil- 34 ity, marital status, lawful source of income or familial status in the 35 terms, conditions or privileges of the sale, rental or lease of any such 36 housing accommodation or in the furnishing of facilities or services in 37 connection therewith. 38 (3) To print or circulate or cause to be printed or circulated any 39 statement, advertisement or publication, or to use any form of applica- 40 tion for the purchase, rental or lease of such housing accommodation or 41 to make any record or inquiry in connection with the prospective 42 purchase, rental or lease of such a housing accommodation which 43 expresses, directly or indirectly, any limitation, specification or 44 discrimination as to race, creed, color, national origin, sexual orien- 45 tation, military status, sex, age, disability, marital status, lawful 46 source of income or familial status, or any intent to make any such 47 limitation, specification or discrimination. 48 § 5. Subparagraphs 1 and 2 of paragraph (c) of subdivision 5 of 49 section 296 of the executive law, as amended by chapter 106 of the laws 50 of 2003, are amended to read as follows: 51 (1) To refuse to sell, rent or lease any housing accommodation, land 52 or commercial space to any person or group of persons or to refuse to 53 negotiate for the sale, rental or lease, of any housing accommodation, 54 land or commercial space to any person or group of persons because of 55 the race, creed, color, national origin, sexual orientation, military 56 status, sex, age, disability, marital status, lawful source of income orA. 10610 3 1 familial status of such person or persons, or to represent that any 2 housing accommodation, land or commercial space is not available for 3 inspection, sale, rental or lease when in fact it is so available, or 4 otherwise to deny or withhold any housing accommodation, land or commer- 5 cial space or any facilities of any housing accommodation, land or 6 commercial space from any person or group of persons because of the 7 race, creed, color, national origin, sexual orientation, military 8 status, sex, age, disability, marital status, lawful source of income or 9 familial status of such person or persons. 10 (2) To print or circulate or cause to be printed or circulated any 11 statement, advertisement or publication, or to use any form of applica- 12 tion for the purchase, rental or lease of any housing accommodation, 13 land or commercial space or to make any record or inquiry in connection 14 with the prospective purchase, rental or lease of any housing accommo- 15 dation, land or commercial space which expresses, directly or indirect- 16 ly, any limitation, specification, or discrimination as to race, creed, 17 color, national origin, sexual orientation, military status, sex, age, 18 disability, marital status, lawful source of income or familial status; 19 or any intent to make any such limitation, specification or discrimi- 20 nation. 21 § 6. Paragraph (d) of subdivision 5 of section 296 of the executive 22 law, as amended by chapter 106 of the laws of 2003, is amended to read 23 as follows: 24 (d) It shall be an unlawful discriminatory practice for any real 25 estate board, because of the race, creed, color, national origin, sexual 26 orientation, military status, age, sex, disability, marital status, 27 lawful source of income or familial status of any individual who is 28 otherwise qualified for membership, to exclude or expel such individual 29 from membership, or to discriminate against such individual in the 30 terms, conditions and privileges of membership in such board. 31 § 7. This act shall take effect immediately and shall apply to all 32 causes of action filed on or after such effective date.