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 - Dead) 2020-01-08 - 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. LBD07100-01-9S. 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 orS. 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 fromS. 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 to17establish a state commission for improving the condition of the blind of18the 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.
