Bill Text: NY S01898 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to rental discrimination based on income.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01898 Detail]

Download: New_York-2017-S01898-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1898
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced  by  Sens.  COMRIE,  HAMILTON, MONTGOMERY, PARKER, PERKINS --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Investigations and Government 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
    23  housing accommodations or in the furnishing of facilities or services in
    24  connection therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00759-01-7

        S. 1898                             2
     1    (c) To cause to be made any written or oral inquiry or record concern-
     2  ing the race, creed, color, disability, national origin,  sexual  orien-
     3  tation,  membership  in the reserve armed forces of the United States or
     4  in the organized militia of the state, age, sex,  marital  status,  [or]
     5  familial  status,  or  source  of  income of a person seeking to rent or
     6  lease any publicly-assisted housing  accommodation;  provided,  however,
     7  that  nothing in this subdivision shall prohibit a member of the reserve
     8  armed forces of the United States or in the  organized  militia  of  the
     9  state from voluntarily disclosing such membership, and provided further,
    10  however, that the provisions of this paragraph shall not be construed to
    11  prevent  an  owner,  lessee, sub-lessee, assignee or managing agent from
    12  obtaining a credit report detailing such person's credit worthiness.
    13    § 3. Subdivision 5 of section 296 of the executive law, as amended  by
    14  chapter 106 of the laws of 2003, is amended to read as follows:
    15    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    16  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    17  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    18  constructed or to be constructed, or any agent or employee thereof:
    19    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    20  from any person or group of persons such a housing accommodation because
    21  of the race, creed, color, national origin, sexual orientation, military
    22  status, sex, age, disability, marital status, [or] familial  status,  or
    23  source  of  income  of  such person or persons, or to represent that any
    24  housing accommodation or land is not  available  for  inspection,  sale,
    25  rental or lease when in fact it is so available.
    26    (2)  To discriminate against any person because of race, creed, color,
    27  national origin, sexual orientation, military status, sex, age, disabil-
    28  ity, marital status, [or] familial status, or source of  income  in  the
    29  terms, conditions or privileges of the sale, rental or lease of any such
    30  housing  accommodation or in the furnishing of facilities or services in
    31  connection therewith.
    32    (3) 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 source of income, or any intent  to  make  any  such
    41  limitation, specification or discrimination, provided, however, that the
    42  provisions  of  this  subparagraph  shall not be construed to prevent an
    43  owner, lessee, sub-lessee, assignee, or  managing  agent  of,  or  other
    44  person  having the right to sell, rent or lease a housing accommodation,
    45  constructed or to be constructed, or any agent or employee thereof  from
    46  obtaining  a  credit  report  detailing  the  credit  worthiness  of any
    47  prospective individuals seeking to purchase, rent  or  lease  a  housing
    48  accommodation.
    49    The provisions of this paragraph (a) shall not apply (1) to the rental
    50  of a housing accommodation in a building which contains housing accommo-
    51  dations  for  not  more  than  two families living independently of each
    52  other, if the owner resides in one of such housing  accommodations,  (2)
    53  to the restriction of the rental of all rooms in a housing accommodation
    54  to  individuals  of the same sex or (3) to the rental of a room or rooms
    55  in a housing accommodation, if such rental is by  the  occupant  of  the
    56  housing  accommodation  or by the owner of the housing accommodation and

        S. 1898                             3
     1  the owner resides in such  housing  accommodation  or  (4)  solely  with
     2  respect  to  age  and  familial  status  to the restriction of the sale,
     3  rental or lease of housing accommodations exclusively to persons  sixty-
     4  two  years  of  age  or  older and the spouse of any such person, or for
     5  housing intended and operated for  occupancy  by  at  least  one  person
     6  fifty-five  years of age or older per unit. In determining whether hous-
     7  ing is intended and operated for occupancy by persons  fifty-five  years
     8  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
     9  federal Fair Housing Act of 1988, as amended, shall apply.
    10    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
    11  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    12  right of ownership or possession of or the right to sell, rent or lease,
    13  land or commercial space:
    14    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    15  from any person or group of persons land or commercial space because  of
    16  the  race,  creed,  color, national origin, sexual orientation, military
    17  status, sex, age, disability, marital status, [or] familial  status,  or
    18  source  of  income  of  such person or persons, or to represent that any
    19  housing accommodation or land is not  available  for  inspection,  sale,
    20  rental or lease when in fact it is so available;
    21    (2)  To discriminate against any person because of race, creed, color,
    22  national origin, sexual orientation, military status, sex, age, disabil-
    23  ity, marital status, [or] familial status, or source of  income  in  the
    24  terms, conditions or privileges of the sale, rental or lease of any such
    25  land or commercial space; or in the furnishing of facilities or services
    26  in connection therewith;
    27    (3)  To  print  or  circulate or cause to be printed or circulated any
    28  statement, advertisement or publication, or to use any form of  applica-
    29  tion  for the purchase, rental or lease of such land or commercial space
    30  or to make any record or inquiry  in  connection  with  the  prospective
    31  purchase,  rental  or  lease  of  such  land  or  commercial space which
    32  expresses, directly or  indirectly,  any  limitation,  specification  or
    33  discrimination  as to race, creed, color, national origin, sexual orien-
    34  tation, military status, sex,  age,  disability,  marital  status,  [or]
    35  familial  status,  or  source  of income; or any intent to make any such
    36  limitation, specification or discrimination.
    37    (4) With respect to age and familial status, the  provisions  of  this
    38  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    39  lease of land or commercial  space  exclusively  to  persons  fifty-five
    40  years  of  age  or  older  and  the spouse of any such person, or to the
    41  restriction of the sale, rental or lease of land  to  be  used  for  the
    42  construction,  or  location  of  housing  accommodations exclusively for
    43  persons sixty-two years of age or older, or intended  and  operated  for
    44  occupancy  by  at  least one person fifty-five years of age or older per
    45  unit. In determining whether housing is intended and operated for  occu-
    46  pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
    47  (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
    48  amended, shall apply.
    49    (c)  It  shall  be  an  unlawful  discriminatory practice for any real
    50  estate broker, real estate salesperson or employee or agent thereof:
    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, [or] familial status, or

        S. 1898                             4
     1  source of income 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, [or] familial  status,  or
     9  source of income 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, [or] familial status, or source of income;
    19  or any intent to make any such limitation,  specification  or  discrimi-
    20  nation.
    21    (3)  With  respect  to age and familial status, the provisions of this
    22  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    23  lease  of any land or commercial space exclusively to persons fifty-five
    24  years of age or older and the spouse of  any  such  person,  or  to  the
    25  restriction of the sale, rental or lease of any housing accommodation or
    26  land  to  be  used  for the construction or location of housing accommo-
    27  dations for persons sixty-two years of age or  older,  or  intended  and
    28  operated for occupancy by at least one person fifty-five years of age or
    29  older  per unit. In determining whether housing is intended and operated
    30  for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
    31  (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act  of
    32  1988, as amended, shall apply.
    33    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    34  estate board, because of the race, creed, color, national origin, sexual
    35  orientation, military status, age, sex, disability, marital status, [or]
    36  familial status, or source of income of any individual who is  otherwise
    37  qualified  for  membership,  to  exclude  or  expel such individual from
    38  membership, or to discriminate against such  individual  in  the  terms,
    39  conditions and privileges of membership in such board.
    40    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
    41  proprietor or managing agent of, or other person  having  the  right  to
    42  provide care and services in, a private proprietary nursing home, conva-
    43  lescent  home,  or home for adults, or an intermediate care facility, as
    44  defined  in  section  two  of  the  social  services   law,   heretofore
    45  constructed,  or to be constructed, or any agent or employee thereof, to
    46  refuse to provide services and care in such  home  or  facility  to  any
    47  individual  or  to  discriminate  against  any  individual in the terms,
    48  conditions, and privileges of such services and care solely because such
    49  individual is a blind person. For purposes of this paragraph,  a  "blind
    50  person" shall mean a person who is registered as a blind person with the
    51  commission  for the visually handicapped and who meets the definition of
    52  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    53  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    54  establish a state commission for improving the condition of the blind of
    55  the state of New York, and making an appropriation therefor".

        S. 1898                             5
     1    (f) The provisions of this subdivision, as they relate to  age,  shall
     2  not apply to persons under the age of eighteen years.
     3    (g)  It  shall  be  an unlawful discriminatory practice for any person
     4  offering or providing housing accommodations, land or  commercial  space
     5  as described in paragraphs (a), (b), and (c) of this subdivision to make
     6  or  cause  to  be  made any written or oral inquiry or record concerning
     7  membership of any person in the state organized militia in  relation  to
     8  the  purchase,  rental  or lease of such housing accommodation, land, or
     9  commercial space, provided, however, that nothing  in  this  subdivision
    10  shall  prohibit a member of the state organized militia from voluntarily
    11  disclosing such membership.
    12    (h) The provisions  of  this  subdivision  prohibiting  discriminatory
    13  practices  based  on source of income shall not be construed to prohibit
    14  the refusal of a sale, rental or lease of commercial space based on  the
    15  type  of  commercial  activity such purchaser, renter or lessee will use
    16  such commercial space for.
    17    § 4. Section 296 of the executive law  is  amended  by  adding  a  new
    18  subdivision 22 to read as follows:
    19    22.  (a) Notwithstanding the provisions of subdivisions two-a and five
    20  of this section relating to the prohibition of  unlawful  discriminatory
    21  practices  based on source of income, such provisions shall not apply to
    22  housing accommodations that:   (i)  contain  fewer  than  three  housing
    23  units;  or  (ii)  contain a total of five or fewer housing units located
    24  within a municipality that had a local law pertaining to such  discrimi-
    25  natory  practices,  which exempted housing accommodations that contained
    26  five or fewer housing units from such prohibition, in existence prior to
    27  the effective date of this subdivision, provided, however, that if  such
    28  local  law is repealed after the effective date of this subdivision, the
    29  provisions of this section  relating  to  the  prohibition  of  unlawful
    30  discriminatory  practices  based on source of income shall apply to such
    31  housing accommodations.
    32    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    33  sion,  the  provisions  of  subdivisions  two-a and five of this section
    34  relating to the prohibition of unlawful discriminatory  practices  based
    35  on  source  of income shall apply (i) to tenants subject to rent control
    36  laws who reside in housing accommodations that contain a total  of  five
    37  or fewer units as of the effective date of this subdivision; and (ii) to
    38  all  housing accommodations, regardless of the number of units contained
    39  in each, of any owner or any agent thereof who has the  right  to  sell,
    40  rent or lease or approve the sale, rental or lease of at least one hous-
    41  ing accommodation within the state of New York that contains six or more
    42  housing units, constructed or to be constructed, or an interest therein.
    43    § 5. This act shall take effect immediately.
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