Bill Text: NY S03011 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to rental discrimination based on income.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03011 Detail]
Download: New_York-2019-S03011-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3011 2019-2020 Regular Sessions IN SENATE January 31, 2019 ___________ Introduced by Sens. COMRIE, MONTGOMERY, PARKER, SEPULVEDA -- 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 36 to read as follows: 3 36. 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 8 of the laws of 2019, 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, gender identity or expression, military status, age, sex, 16 marital status, [or] familial status, or source of income of such person 17 or persons, or to represent that any housing accommodation or land is 18 not available for inspection, sale, rental or lease when in fact it is 19 so available. 20 (b) To discriminate against any person because of his or her race, 21 creed, color, disability, national origin, sexual orientation, gender 22 identity or expression, military status, age, sex, marital status, [or] 23 familial status, or source of income in the terms, conditions or privi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07578-02-9S. 3011 2 1 leges of any publicly-assisted housing accommodations or in the furnish- 2 ing of facilities or services in 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, gender identity or expression, membership in the reserve armed 6 forces of the United States or in the organized militia of the state, 7 age, sex, marital status, [or] familial status, or source of income of a 8 person seeking to rent or lease any publicly-assisted housing accommo- 9 dation; provided, however, that nothing in this subdivision shall 10 prohibit a member of the reserve armed forces of the United States or in 11 the organized militia of the state from voluntarily disclosing such 12 membership, and provided further, however, that the provisions of this 13 paragraph shall not be construed to prevent an owner, lessee, sub-les- 14 see, assignee or managing agent from obtaining a credit report detailing 15 such person's credit worthiness. 16 § 3. Subdivision 5 of section 296 of the executive law, as amended by 17 chapter 8 of the laws of 2019, is amended to read as follows: 18 5. (a) It shall be an unlawful discriminatory practice for the owner, 19 lessee, sub-lessee, assignee, or managing agent of, or other person 20 having the right to sell, rent or lease a housing accommodation, 21 constructed or to be constructed, or any agent or employee thereof: 22 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 23 from any person or group of persons such a housing accommodation because 24 of the race, creed, color, national origin, sexual orientation, gender 25 identity or expression, military status, sex, age, disability, marital 26 status, [or] familial status, or source of income of such person or 27 persons, or to represent that any housing accommodation or land is not 28 available for inspection, sale, rental or lease when in fact it is so 29 available. 30 (2) To discriminate against any person because of race, creed, color, 31 national origin, sexual orientation, gender identity or expression, 32 military status, sex, age, disability, marital status, [or] familial 33 status, or source of income in the terms, conditions or privileges of 34 the sale, rental or lease of any such housing accommodation or in the 35 furnishing of facilities or services in connection therewith. 36 (3) To print or circulate or cause to be printed or circulated any 37 statement, advertisement or publication, or to use any form of applica- 38 tion for the purchase, rental or lease of such housing accommodation or 39 to make any record or inquiry in connection with the prospective 40 purchase, rental or lease of such a housing accommodation which 41 expresses, directly or indirectly, any limitation, specification or 42 discrimination as to race, creed, color, national origin, sexual orien- 43 tation, gender identity or expression, military status, sex, age, disa- 44 bility, marital status, [or] familial status, or source of income, or 45 any intent to make any such limitation, specification or discrimination, 46 provided, however, that the provisions of this subparagraph shall not be 47 construed to prevent an owner, lessee, sub-lessee, assignee, or managing 48 agent of, or other person having the right to sell, rent or lease a 49 housing accommodation, constructed to be constructed, or any agent or 50 employee thereof from obtaining a credit report detailing the credit 51 worthiness of any prospective individuals seeking to purchase, rent or 52 lease a housing accommodation. 53 The provisions of this paragraph (a) shall not apply (1) to the rental 54 of a housing accommodation in a building which contains housing accommo- 55 dations for not more than two families living independently of each 56 other, if the owner resides in one of such housing accommodations, (2)S. 3011 3 1 to the restriction of the rental of all rooms in a housing accommodation 2 to individuals of the same sex or (3) to the rental of a room or rooms 3 in a housing accommodation, if such rental is by the occupant of the 4 housing accommodation or by the owner of the housing accommodation and 5 the owner resides in such housing accommodation or (4) solely with 6 respect to age and familial status to the restriction of the sale, 7 rental or lease of housing accommodations exclusively to persons sixty- 8 two years of age or older and the spouse of any such person, or for 9 housing intended and operated for occupancy by at least one person 10 fifty-five years of age or older per unit. In determining whether hous- 11 ing is intended and operated for occupancy by persons fifty-five years 12 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 13 federal Fair Housing Act of 1988, as amended, shall apply. 14 (b) It shall be an unlawful discriminatory practice for the owner, 15 lessee, sub-lessee, or managing agent of, or other person having the 16 right of ownership or possession of or the right to sell, rent or lease, 17 land or commercial space: 18 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 19 from any person or group of persons land or commercial space because of 20 the race, creed, color, national origin, sexual orientation, gender 21 identity or expression, military status, sex, age, disability, marital 22 status, [or] familial status , or source of income of such person or 23 persons, or to represent that any housing accommodation or land is not 24 available for inspection, sale, rental or lease when in fact it is so 25 available; 26 (2) To discriminate against any person because of race, creed, color, 27 national origin, sexual orientation, gender identity or expression, 28 military status, sex, age, disability, marital status, [or] familial 29 status, or source of income in the terms, conditions or privileges of 30 the sale, rental or lease of any such land or commercial space; or in 31 the furnishing of facilities or services in 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 land or commercial space 35 or to make any record or inquiry in connection with the prospective 36 purchase, rental or lease of such land or commercial space which 37 expresses, directly or indirectly, any limitation, specification or 38 discrimination as to race, creed, color, national origin, sexual orien- 39 tation, gender identity or expression, military status, sex, age, disa- 40 bility, marital status, [or] familial status, or source of income; or 41 any intent to make any such limitation, specification or discrimination. 42 (4) With respect to age and familial status, the provisions of this 43 paragraph shall not apply to the restriction of the sale, rental or 44 lease of land or commercial space exclusively to persons fifty-five 45 years of age or older and the spouse of any such person, or to the 46 restriction of the sale, rental or lease of land to be used for the 47 construction, or location of housing accommodations exclusively for 48 persons sixty-two years of age or older, or intended and operated for 49 occupancy by at least one person fifty-five years of age or older per 50 unit. In determining whether housing is intended and operated for occu- 51 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 52 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 53 amended, shall apply. 54 (c) It shall be an unlawful discriminatory practice for any real 55 estate broker, real estate salesperson or employee or agent thereof:S. 3011 4 1 (1) To refuse to sell, rent or lease any housing accommodation, land 2 or commercial space to any person or group of persons or to refuse to 3 negotiate for the sale, rental or lease, of any housing accommodation, 4 land or commercial space to any person or group of persons because of 5 the race, creed, color, national origin, sexual orientation, gender 6 identity or expression, military status, sex, age, disability, marital 7 status, [or] familial status, or source of income of such person or 8 persons, or to represent that any housing accommodation, land or commer- 9 cial space is not available for inspection, sale, rental or lease when 10 in fact it is so available, or otherwise to deny or withhold any housing 11 accommodation, land or commercial space or any facilities of any housing 12 accommodation, land or commercial space from any person or group of 13 persons because of the race, creed, color, national origin, sexual 14 orientation, gender identity or expression, military status, sex, age, 15 disability, marital status, [or] familial status, or source of income of 16 such person or persons. 17 (2) To print or circulate or cause to be printed or circulated any 18 statement, advertisement or publication, or to use any form of applica- 19 tion for the purchase, rental or lease of any housing accommodation, 20 land or commercial space or to make any record or inquiry in connection 21 with the prospective purchase, rental or lease of any housing accommo- 22 dation, land or commercial space which expresses, directly or indirect- 23 ly, any limitation, specification, or discrimination as to race, creed, 24 color, national origin, sexual orientation, gender identity or 25 expression, military status, sex, age, disability, marital status, [or] 26 familial status, or source of income; or any intent to make any such 27 limitation, specification or discrimination. 28 (3) With respect to age and familial status, the provisions of this 29 paragraph shall not apply to the restriction of the sale, rental or 30 lease of any housing accommodation, land or commercial space exclusively 31 to persons fifty-five years of age or older and the spouse of any such 32 person, or to the restriction of the sale, rental or lease of any hous- 33 ing accommodation or land to be used for the construction or location of 34 housing accommodations for persons sixty-two years of age or older, or 35 intended and operated for occupancy by at least one person fifty-five 36 years of age or older per unit. In determining whether housing is 37 intended and operated for occupancy by persons fifty-five years of age 38 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 39 federal Fair Housing Act of 1988, as amended, shall apply. 40 (d) It shall be an unlawful discriminatory practice for any real 41 estate board, because of the race, creed, color, national origin, sexual 42 orientation, gender identity or expression, military status, age, sex, 43 disability, marital status, [or] familial status, or source of income of 44 any individual who is otherwise qualified for membership, to exclude or 45 expel such individual from membership, or to discriminate against such 46 individual in the terms, conditions and privileges of membership in such 47 board. 48 (e) It shall be an unlawful discriminatory practice for the owner, 49 proprietor or managing agent of, or other person having the right to 50 provide care and services in, a private proprietary nursing home, conva- 51 lescent home, or home for adults, or an intermediate care facility, as 52 defined in section two of the social services law, heretofore 53 constructed, or to be constructed, or any agent or employee thereof, to 54 refuse to provide services and care in such home or facility to any 55 individual or to discriminate against any individual in the terms, 56 conditions, and privileges of such services and care solely because suchS. 3011 5 1 individual is a blind person. For purposes of this paragraph, a "blind 2 person" shall mean a person who is registered as a blind person with the 3 commission for the visually handicapped and who meets the definition of 4 a "blind person" pursuant to section three of chapter four hundred 5 fifteen of the laws of nineteen hundred thirteen entitled "An act to 6 establish a state commission for improving the condition of the blind of 7 the state of New York, and making an appropriation therefor". 8 (f) The provisions of this subdivision, as they relate to age, shall 9 not apply to persons under the age of eighteen years. 10 (g) It shall be an unlawful discriminatory practice for any person 11 offering or providing housing accommodations, land or commercial space 12 as described in paragraphs (a), (b), and (c) of this subdivision to make 13 or cause to be made any written or oral inquiry or record concerning 14 membership of any person in the state organized militia in relation to 15 the purchase, rental or lease of such housing accommodation, land, or 16 commercial space, provided, however, that nothing in this subdivision 17 shall prohibit a member of the state organized militia from voluntarily 18 disclosing such membership. 19 (h) The provisions of this subdivision prohibiting discriminatory 20 practices based on source of income shall not be construed to prohibit 21 the refusal of a sale, rental or lease of commercial space based on the 22 type of commercial activity such purchaser, renter or lessee will use 23 such commercial space for. 24 § 4. Section 296 of the executive law is amended by adding a new 25 subdivision 22 to read as follows: 26 22. (a) Notwithstanding the provisions of subdivisions two-a and five 27 of this section relating to the prohibition of unlawful discriminatory 28 practices based on source of income, such provisions shall not apply to 29 housing accommodations that: (i) contain fewer than three housing 30 units; or (ii) contain a total of five or fewer housing units located 31 within a municipality that had a local law pertaining to such discrimi- 32 natory practices, which exempted housing accommodations that contained 33 five or fewer housing units from such prohibition, in existence prior to 34 the effective date of this subdivision, provided, however, that if such 35 local law is repealed after the effective date of this subdivision, the 36 provisions of this section relating to the prohibition of unlawful 37 discriminatory practices based on source of income shall apply to such 38 housing accommodations. 39 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 40 sion, the provisions of subdivisions two-a and five of this section 41 relating to the prohibition of unlawful discriminatory practices based 42 on source of income shall apply (i) to tenants subject to rent control 43 laws who reside in housing accommodations that contain a total of five 44 or fewer units as of the effective date of this subdivision; and (ii) to 45 all housing accommodations, regardless of the number of units contained 46 in each, of any owner or any agent thereof who has the right to sell, 47 rent or lease or approve the sale, rental or lease of at least one hous- 48 ing accommodation within the state of New York that contains six or more 49 housing units, constructed or to be constructed, or an interest therein. 50 § 5. This act shall take effect immediately; provided, however, that 51 if chapter 8 of the laws of 2019 shall not have taken effect on or 52 before such date then sections two and three of this act shall take 53 effect on the same date and in the same manner as such chapter of the 54 laws of 2019, takes effect.