Bill Text: NY S06886 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that there is no exemption from the requirement of nondiscrimination in advertisements and inquiries for the rental of an apartment in an owner-occupied two-unit dwelling, or for the rental of rooms in an owner-occupied dwelling, and that engaging in discriminatory advertising or inquiries will cause the property to no longer be exempt from full coverage by the nondiscrimination provisions of the human rights law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-07-16 - SIGNED CHAP.300 [S06886 Detail]
Download: New_York-2021-S06886-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6886 2021-2022 Regular Sessions IN SENATE May 20, 2021 ___________ Introduced by Sen. LIU -- (at request of the Division of Human Rights) -- 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 providing that there is no exemption from the requirement of nondiscrimination in adver- tisements and inquiries for the rental of an apartment in an owner-oc- cupied two-unit dwelling, or for the rental of rooms in an owner-occu- pied dwelling, and that engaging in discriminatory advertising or inquiries will cause the property to no longer be exempt from full coverage by the nondiscrimination provisions of the human rights law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 5 of section 296 of the exec- 2 utive law, as amended by chapter 8 of the laws of 2019 and subparagraphs 3 1, 2, and 3 as amended by section 4 of part T of chapter 56 of the laws 4 of 2019, is amended to read as follows: 5 (a) It shall be an unlawful discriminatory practice for the owner, 6 lessee, sub-lessee, assignee, or managing agent of, or other person 7 having the right to sell, rent or lease a housing accommodation, 8 constructed or to be constructed, or any agent or employee thereof: 9 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 10 from any person or group of persons such a housing accommodation because 11 of the race, creed, color, national origin, sexual orientation, gender 12 identity or expression, military status, sex, age, disability, marital 13 status, lawful source of income or familial status of such person or 14 persons, or to represent that any housing accommodation or land is not 15 available for inspection, sale, rental or lease when in fact it is so 16 available. 17 (2) To discriminate against any person because of race, creed, color, 18 national origin, sexual orientation, gender identity or expression, 19 military status, sex, age, disability, marital status, lawful source of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09584-01-1S. 6886 2 1 income or familial status in the terms, conditions or privileges of the 2 sale, rental or lease of any such housing accommodation or in the 3 furnishing of facilities or services in connection therewith. 4 (3) To print or circulate or cause to be printed or circulated any 5 statement, advertisement or publication, or to use any form of applica- 6 tion for the purchase, rental or lease of such housing accommodation or 7 to make any record or inquiry in connection with the prospective 8 purchase, rental or lease of such a housing accommodation which 9 expresses, directly or indirectly, any limitation, specification or 10 discrimination as to race, creed, color, national origin, sexual orien- 11 tation, gender identity or expression, military status, sex, age, disa- 12 bility, marital status, lawful source of income or familial status, or 13 any intent to make any such limitation, specification or discrimination. 14 (4) (i) The provisions of subparagraphs one and two of this paragraph 15 [(a)] shall not apply (1) to the rental of a housing accommodation in a 16 building which contains housing accommodations for not more than two 17 families living independently of each other, if the owner resides in one 18 of such housing accommodations, (2) to the restriction of the rental of 19 all rooms in a housing accommodation to individuals of the same sex or 20 (3) to the rental of a room or rooms in a housing accommodation, if such 21 rental is by the occupant of the housing accommodation or by the owner 22 of the housing accommodation and the owner resides in such housing 23 accommodation or (4) solely with respect to age and familial status to 24 the restriction of the sale, rental or lease of housing accommodations 25 exclusively to persons sixty-two years of age or older and the spouse of 26 any such person, or for housing intended and operated for occupancy by 27 at least one person fifty-five years of age or older per unit. In deter- 28 mining whether housing is intended and operated for occupancy by persons 29 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 30 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 31 apply. However, such rental property shall no longer be exempt from the 32 provisions of subparagraphs one and two of this paragraph if there is 33 unlawful discriminatory conduct pursuant to subparagraph three of this 34 paragraph. 35 (ii) The provisions of subparagraphs one, two, and three of this para- 36 graph shall not apply (1) to the restriction of the rental of all rooms 37 in a housing accommodation to individuals of the same sex, (2) to the 38 rental of a room or rooms in a housing accommodation, if such rental is 39 by the occupant of the housing accommodation or by the owner of the 40 housing accommodation and the owner resides in such housing accommo- 41 dation, or (3) solely with respect to age and familial status to the 42 restriction of the sale, rental or lease of housing accommodations 43 exclusively to persons sixty-two years of age or older and the spouse of 44 any such person, or for housing intended and operated for occupancy by 45 at least one person fifty-five years of age or older per unit. In deter- 46 mining whether housing is intended and operated for occupancy by persons 47 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 48 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 49 apply. 50 § 2. This act shall take effect immediately.
