Bill Text: NY S02282 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to making it an unlawful discriminatory practice to discriminate in the ownership, use, leasing or occupancy of housing accommodations based upon source of income.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-01-23 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02282 Detail]

Download: New_York-2019-S02282-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2282
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 23, 2019
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the executive law, in relation to making it an  unlawful
          discriminatory practice to discriminate in the ownership, use, leasing
          or occupancy of housing accommodations based upon source of income
          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 may  be  cited  as
     2  the "source of income anti-discrimination act".
     3    §  2. Subdivision 2 of section 291 of the executive law, as amended by
     4  chapter 196 of the laws of 2010, is amended to read as follows:
     5    2. The opportunity to obtain education, the use of  places  of  public
     6  accommodation  and  the ownership, use and occupancy of housing accommo-
     7  dations and commercial space  without  discrimination  because  of  age,
     8  race,  creed,  color,  national  origin,  sexual  orientation,  military
     9  status, source of income, sex, marital status, or disability, as  speci-
    10  fied in section two hundred ninety-six of this article, is hereby recog-
    11  nized as and declared to be a civil right.
    12    §  3.  Section  292  of  the  executive law is amended by adding a new
    13  subdivision 35 to read as follows:
    14    35. The term "source of income", when used in this article, means  any
    15  lawful source of income paid directly or indirectly to a renter or buyer
    16  of housing, including:
    17    (a) any lawful profession or occupation;
    18    (b) any government or private assistance, grant or loan program;
    19    (c)  any  gift, inheritance, pension, annuity, alimony, child support,
    20  or other benefit or consideration; or
    21    (d) any sale or pledge of real or personal property,  or  interest  in
    22  real or personal property.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07100-01-9

        S. 2282                             2
     1    §  4. Subdivision 9 of section 295 of the executive law, as amended by
     2  chapter 106 of the laws of 2003, is amended to read as follows:
     3    9. To develop human rights plans and policies for the state and assist
     4  in their execution and to make investigations and studies appropriate to
     5  effectuate  this article and to issue such publications and such results
     6  of investigations and research as in its [judgement] judgment will  tend
     7  to inform persons of the rights assured and remedies provided under this
     8  article,  to  promote good-will and minimize or eliminate discrimination
     9  because of age, race, creed, color, national origin, sexual orientation,
    10  military status, sex, disability  [or],  marital  status  or  source  of
    11  income.
    12    §  5. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of
    13  the executive law, as amended by chapter 106 of the laws  of  2003,  are
    14  amended to read as follows:
    15    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
    16  hold from any person or group of  persons  such  housing  accommodations
    17  because  of  the race, creed, color, disability, national origin, sexual
    18  orientation, military status, age, sex, marital  status,  [or]  familial
    19  status,  or  source of income of such person or persons, or to represent
    20  that any housing accommodation or land is not available for  inspection,
    21  sale, rental or lease when in fact it is so available.
    22    (b)  To  discriminate  against  any person because of his or her race,
    23  creed, color, disability, national origin, sexual orientation,  military
    24  status,  age,  sex,  marital  status, [or] familial status, or source of
    25  income in the terms, conditions or privileges of  any  publicly-assisted
    26  housing accommodations or in the furnishing of facilities or services in
    27  connection therewith.
    28    (c) To cause to be made any written or oral inquiry or record concern-
    29  ing  the  race, creed, color, disability, national origin, sexual orien-
    30  tation, membership in the reserve armed forces of the United  States  or
    31  in  the  organized  militia of the state, age, sex, marital status, [or]
    32  familial status, or source of income of a  person  seeking  to  rent  or
    33  lease  any  publicly-assisted  housing accommodation; provided, however,
    34  that nothing in this subdivision shall prohibit a member of the  reserve
    35  armed  forces  of  the  United States or in the organized militia of the
    36  state from voluntarily disclosing such membership.
    37    § 6. Subdivision 5 of section 296 of the executive law, as amended  by
    38  chapter 106 of the laws of 2003, is amended to read as follows:
    39    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    40  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    41  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    42  constructed or to be constructed, or any agent or employee thereof:
    43    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    44  from any person or group of persons such a housing accommodation because
    45  of the race, creed, color, national origin, sexual orientation, military
    46  status, sex, age, disability, marital status, [or] familial  status,  or
    47  source  of  income  of  such person or persons, or to represent that any
    48  housing accommodation or land is not  available  for  inspection,  sale,
    49  rental or lease when in fact it is so available.
    50    (2)  To discriminate against any person because of race, creed, color,
    51  national origin, sexual orientation, military status, sex, age, disabil-
    52  ity, marital status, [or] familial status, or source of  income  in  the
    53  terms, conditions or privileges of the sale, rental or lease of any such
    54  housing  accommodation or in the furnishing of facilities or services in
    55  connection therewith.

        S. 2282                             3
     1    (3) To print or circulate or cause to be  printed  or  circulated  any
     2  statement,  advertisement or publication, or to use any form of applica-
     3  tion for the purchase, rental or lease of such housing accommodation  or
     4  to  make  any  record  or  inquiry  in  connection  with the prospective
     5  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
     6  expresses, directly or  indirectly,  any  limitation,  specification  or
     7  discrimination  as to race, creed, color, national origin, sexual orien-
     8  tation, military status, sex,  age,  disability,  marital  status,  [or]
     9  familial  status,  or  source  of income, or any intent to make any such
    10  limitation, specification or discrimination.
    11    The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
    12  rental  of  a housing accommodation in a building which contains housing
    13  accommodations for not more than two families  living  independently  of
    14  each  other, if the owner resides in one of such housing accommodations,
    15  (2) to the restriction of the rental of all rooms in a housing  accommo-
    16  dation  to individuals of the same sex or (3) to the rental of a room or
    17  rooms in a housing accommodation, if such rental is by the  occupant  of
    18  the  housing  accommodation or by the owner of the housing accommodation
    19  and the owner resides in such housing accommodation or (4)  solely  with
    20  respect  to  age  and  familial  status  to the restriction of the sale,
    21  rental or lease of housing accommodations exclusively to persons  sixty-
    22  two  years  of  age  or  older and the spouse of any such person, or for
    23  housing intended and operated for  occupancy  by  at  least  one  person
    24  fifty-five  years of age or older per unit. In determining whether hous-
    25  ing is intended and operated for occupancy by persons  fifty-five  years
    26  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    27  federal Fair Housing Act of 1988, as amended, shall apply.
    28    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
    29  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    30  right of ownership or possession of or the right to sell, rent or lease,
    31  land or commercial space:
    32    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    33  from any person or group of persons land or commercial space because  of
    34  the  race,  creed,  color, national origin, sexual orientation, military
    35  status, sex, age, disability, marital status, [or] familial  status,  or
    36  source  of  income  of  such person or persons, or to represent that any
    37  housing accommodation or land is not  available  for  inspection,  sale,
    38  rental or lease when in fact it is so available;
    39    (2)  To discriminate against any person because of race, creed, color,
    40  national origin, sexual orientation, military status, sex, age, disabil-
    41  ity, marital status, [or] familial status, or source of  income  in  the
    42  terms, conditions or privileges of the sale, rental or lease of any such
    43  land or commercial space; or in the furnishing of facilities or services
    44  in connection therewith;
    45    (3)  To  print  or  circulate or cause to be printed or circulated any
    46  statement, advertisement or publication, or to use any form of  applica-
    47  tion  for the purchase, rental or lease of such land or commercial space
    48  or to make any record or inquiry  in  connection  with  the  prospective
    49  purchase,  rental  or  lease  of  such  land  or  commercial space which
    50  expresses, directly or  indirectly,  any  limitation,  specification  or
    51  discrimination  as to race, creed, color, national origin, sexual orien-
    52  tation, military status, sex,  age,  disability,  marital  status,  [or]
    53  familial  status,  or  source  of income; or any intent to make any such
    54  limitation, specification or discrimination.
    55    (4) With respect to age and familial status, the  provisions  of  this
    56  paragraph  shall  not  apply  to  the restriction of the sale, rental or

        S. 2282                             4
     1  lease of land or commercial  space  exclusively  to  persons  fifty-five
     2  years  of  age  or  older  and  the spouse of any such person, or to the
     3  restriction of the sale, rental or lease of land  to  be  used  for  the
     4  construction,  or  location  of  housing  accommodations exclusively for
     5  persons sixty-two years of age or older, or intended  and  operated  for
     6  occupancy  by  at  least one person fifty-five years of age or older per
     7  unit. In determining whether housing is intended and operated for  occu-
     8  pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
     9  (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
    10  amended, shall apply.
    11    (c)  It  shall  be  an  unlawful  discriminatory practice for any real
    12  estate broker, real estate salesperson or employee or agent thereof:
    13    (1) To refuse to sell, rent or lease any housing  accommodation,  land
    14  or  commercial  space  to any person or group of persons or to refuse to
    15  negotiate for the sale, rental or lease, of any  housing  accommodation,
    16  land  or  commercial  space to any person or group of persons because of
    17  the race, creed, color, national origin,  sexual  orientation,  military
    18  status,  sex,  age, disability, marital status, [or] familial status, or
    19  source of income of such person or persons, or  to  represent  that  any
    20  housing  accommodation,  land  or  commercial space is not available for
    21  inspection, sale, rental or lease when in fact it is  so  available,  or
    22  otherwise to deny or withhold any housing accommodation, land or commer-
    23  cial  space  or  any  facilities  of  any housing accommodation, land or
    24  commercial space from any person or group  of  persons  because  of  the
    25  race,  creed,  color,  national  origin,  sexual  orientation,  military
    26  status, sex, age, disability, marital status, [or] familial  status,  or
    27  source of income of such person or persons.
    28    (2)  To  print  or  circulate or cause to be printed or circulated any
    29  statement, advertisement or publication, or to use any form of  applica-
    30  tion  for  the  purchase,  rental or lease of any housing accommodation,
    31  land or commercial space or to make any record or inquiry in  connection
    32  with  the  prospective purchase, rental or lease of any housing accommo-
    33  dation, land or commercial space which expresses, directly or  indirect-
    34  ly,  any limitation, specification, or discrimination as to race, creed,
    35  color, national origin, sexual orientation, military status,  sex,  age,
    36  disability,  marital  status, [or] familial status, or source of income;
    37  or any intent to make any such limitation,  specification  or  discrimi-
    38  nation.
    39    (3)  With  respect  to age and familial status, the provisions of this
    40  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    41  lease  of any land or commercial space exclusively to persons fifty-five
    42  years of age or older and the spouse of  any  such  person,  or  to  the
    43  restriction of the sale, rental or lease of any housing accommodation or
    44  land  to  be  used  for the construction or location of housing accommo-
    45  dations for persons sixty-two years of age or  older,  or  intended  and
    46  operated for occupancy by at least one person fifty-five years of age or
    47  older  per unit. In determining whether housing is intended and operated
    48  for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
    49  (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act  of
    50  1988, as amended, shall apply.
    51    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    52  estate board, because of the race, creed, color, national origin, sexual
    53  orientation, military status, age, sex, disability, marital status, [or]
    54  familial status, or source of income of any individual who is  otherwise
    55  qualified  for  membership,  to  exclude  or  expel such individual from

        S. 2282                             5
     1  membership, or to discriminate against such  individual  in  the  terms,
     2  conditions and privileges of membership in such board.
     3    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
     4  proprietor or managing agent of, or other person  having  the  right  to
     5  provide care and services in, a private proprietary nursing home, conva-
     6  lescent  home,  or home for adults, or an intermediate care facility, as
     7  defined  in  section  two  of  the  social  services   law,   heretofore
     8  constructed,  or to be constructed, or any agent or employee thereof, to
     9  refuse to provide services and care in such  home  or  facility  to  any
    10  individual  or  to  discriminate  against  any  individual in the terms,
    11  conditions, and privileges of such services and care solely because such
    12  individual is a blind person. For purposes of this paragraph,  a  "blind
    13  person" shall mean a person who is registered as a blind person with the
    14  commission  for the visually handicapped and who meets the definition of
    15  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    16  fifteen  of  the  laws of nineteen hundred thirteen [entitled "An act to
    17  establish a state commission for improving the condition of the blind of
    18  the state of New York, and making an appropriation therefor"].
    19    (f) The provisions of this subdivision, as they relate to  age,  shall
    20  not apply to persons under the age of eighteen years.
    21    (g)  It  shall  be  an unlawful discriminatory practice for any person
    22  offering or providing housing accommodations, land or  commercial  space
    23  as described in paragraphs (a), (b), and (c) of this subdivision to make
    24  or  cause  to  be  made any written or oral inquiry or record concerning
    25  membership of any person in the state organized militia in  relation  to
    26  the  purchase,  rental  or lease of such housing accommodation, land, or
    27  commercial space, provided, however, that nothing  in  this  subdivision
    28  shall  prohibit a member of the state organized militia from voluntarily
    29  disclosing such membership.
    30    § 7. Section 296 of the executive law  is  amended  by  adding  a  new
    31  subdivision 22 to read as follows:
    32    22.  Nothing in this section prohibiting discrimination based upon the
    33  source of income shall be deemed to prohibit any person from:
    34    (a) refusing to consider any income derived from any  criminal  activ-
    35  ity; or
    36    (b)  determining  the  ability of a potential buyer or renter to pay a
    37  purchase price or rent by:
    38    (i) verifying, in a commercially reasonable  manner,  the  source  and
    39  amount of income of a potential buyer or renter, or
    40    (ii)  evaluating,  in a commercially reasonable manner, the stability,
    41  security and credit worthiness of a potential buyer or renter, or of any
    42  source of income of a potential buyer or renter.
    43    § 8. This act shall take effect on the first of July  next  succeeding
    44  the date upon which it shall have become a law.
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