Bill Text: NY S05935 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to rental discrimination based upon consumer credit history; prohibits a person from refusing to rent or lease or otherwise to deny to or withhold from any person or group of persons housing accommodations because of the consumer credit history of such person or persons, or to represent that any housing accommodation is not available for rental or lease when in fact it is so available; defines consumer credit history.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05935 Detail]

Download: New_York-2021-S05935-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5935

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 23, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- 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 rental  discrimination
          based upon consumer credit history

          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 39 to read as follows:
     3    39. The term "consumer credit history" means  an  individual's  credit
     4  worthiness,  credit  standing,  credit  capacity  or payment history, as
     5  indicated by:
     6    (a) a consumer credit report; or
     7    (b) credit score.
     8    § 2. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296  of
     9  the  executive  law,  as amended by section 3 of part T of chapter 56 of
    10  the laws of 2019, are amended to read as follows:
    11    (a) (i) To refuse to sell, rent or lease or otherwise to  deny  to  or
    12  withhold from any person or group of persons such housing accommodations
    13  because  of  the race, creed, color, disability, national origin, sexual
    14  orientation, gender identity or expression, military status,  age,  sex,
    15  marital  status,  lawful  source  of  income  or familial status of such
    16  person or persons, or to represent that  any  housing  accommodation  or
    17  land is not available for inspection, sale, rental or lease when in fact
    18  it is so available.
    19    (ii)  To  refuse  to rent or lease or otherwise to deny to or withhold
    20  from any person or group of persons such housing accommodations  because
    21  of  the  consumer credit history of such person or persons, or to repre-
    22  sent that any housing accommodation is not available for rental or lease
    23  when in fact it is so available.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05092-01-1
        S. 5935                             2

     1    (b) To discriminate against any person because of  his  or  her  race,
     2  creed,  color,  disability,  national origin, sexual orientation, gender
     3  identity or expression,  military  status,  age,  sex,  marital  status,
     4  lawful source of income [or], familial status or consumer credit history
     5  in  the terms, conditions or privileges of any publicly-assisted housing
     6  accommodations or  in  the  furnishing  of  facilities  or  services  in
     7  connection therewith.
     8    (c) To cause to be made any written or oral inquiry or record concern-
     9  ing  the  race, creed, color, disability, national origin, sexual orien-
    10  tation, gender identity or expression, membership in the  reserve  armed
    11  forces  of  the  United States or in the organized militia of the state,
    12  age, sex, marital status, lawful source of income [or], familial  status
    13  or  consumer  credit  history  of  a person seeking to rent or lease any
    14  publicly-assisted housing accommodation; provided, however, that nothing
    15  in this subdivision shall prohibit a member of the reserve armed  forces
    16  of  the  United  States  or  in  the organized militia of the state from
    17  voluntarily disclosing such membership.
    18    § 3. Subdivision 5 of section 296 of the executive law is  amended  by
    19  adding a new paragraph (h) to read as follows:
    20    (h)  It  shall  be  an unlawful discriminatory practice for any person
    21  offering housing accommodations for rent or lease as described in  para-
    22  graphs  (a),  (b) and (c) of this subdivision to refuse to rent or lease
    23  or otherwise deny to or withhold from any person  or  group  of  persons
    24  such  housing  accommodations  because of the consumer credit history of
    25  such person or persons, or to represent that any  housing  accommodation
    26  is not available for rental or lease when in fact it is so available.
    27    § 4. This act shall take effect immediately.