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.