Bill Text: NY S08606 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to discrimination based upon the income of persons; defines source of income; establishes unlawful discriminatory practices based on source of income.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-10 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S08606 Detail]
Download: New_York-2017-S08606-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8606 IN SENATE May 10, 2018 ___________ 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 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 35 to read as follows: 3 35. 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. Paragraph (a) of subdivision 2 of section 296 of the executive 10 law, as amended by chapter 106 of the laws of 2003, is amended to read 11 as follows: 12 (a) It shall be an unlawful discriminatory practice for any person, 13 being the owner, lessee, proprietor, manager, superintendent, agent or 14 employee of any place of public accommodation, resort or amusement, 15 because of the race, creed, color, national origin, sexual orientation, 16 military status, sex, source of income, or disability or marital status 17 of any person, directly or indirectly, to refuse, withhold from or deny 18 to such person any of the accommodations, advantages, facilities or 19 privileges thereof, including the extension of credit, or, directly or 20 indirectly, to publish, circulate, issue, display, post or mail any 21 written or printed communication, notice or advertisement, to the effect 22 that any of the accommodations, advantages, facilities and privileges of 23 any such place shall be refused, withheld from or denied to any person 24 on account of race, creed, color, national origin, sexual orientation, 25 military status, sex, source of income, or disability or marital status, 26 or that the patronage or custom thereat of any person of or purporting 27 to be of any particular race, creed, color, national origin, sexual EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15000-01-8S. 8606 2 1 orientation, military status, source of income, sex or marital status, 2 or having a disability is unwelcome, objectionable or not acceptable, 3 desired or solicited. 4 § 3. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of 5 the executive law, as amended by chapter 106 of the laws of 2003, are 6 amended to read as follows: 7 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 8 hold from any person or group of persons such housing accommodations 9 because of the race, creed, color, disability, national origin, sexual 10 orientation, military status, age, sex, marital status, [or] familial 11 status, or source of income of such person or persons, or to represent 12 that any housing accommodation or land is not available for inspection, 13 sale, rental or lease when in fact it is so available. 14 (b) To discriminate against any person because of his or her race, 15 creed, color, disability, national origin, sexual orientation, military 16 status, age, sex, marital status, [or] familial status, or source of 17 income in the terms, conditions or privileges of any publicly-assisted 18 housing accommodations or in the furnishing of facilities or services in 19 connection therewith. 20 (c) To cause to be made any written or oral inquiry or record concern- 21 ing the race, creed, color, disability, national origin, sexual orien- 22 tation, membership in the reserve armed forces of the United States or 23 in the organized militia of the state, age, sex, marital status, [or] 24 familial status, or source of income of a person seeking to rent or 25 lease any publicly-assisted housing accommodation; provided, however, 26 that nothing in this subdivision shall prohibit a member of the reserve 27 armed forces of the United States or in the organized militia of the 28 state from voluntarily disclosing such membership. 29 § 4. Subdivision 5 of section 296 of the executive law, as amended by 30 chapter 106 of the laws of 2003, is amended to read as follows: 31 5. (a) It shall be an unlawful discriminatory practice for the owner, 32 lessee, sub-lessee, assignee, or managing agent of, or other person 33 having the right to sell, rent or lease a housing accommodation, 34 constructed or to be constructed, or any agent or employee thereof: 35 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 36 from any person or group of persons such a housing accommodation because 37 of the race, creed, color, national origin, sexual orientation, military 38 status, sex, age, disability, marital status, [or] familial status, or 39 source of income of such person or persons, or to represent that any 40 housing accommodation or land is not available for inspection, sale, 41 rental or lease when in fact it is so available. 42 (2) To discriminate against any person because of race, creed, color, 43 national origin, sexual orientation, military status, sex, age, disabil- 44 ity, marital status, [or] familial status, or source of income in the 45 terms, conditions or privileges of the sale, rental or lease of any such 46 housing accommodation or in the furnishing of facilities or services in 47 connection therewith. 48 (3) To print or circulate or cause to be printed or circulated any 49 statement, advertisement or publication, or to use any form of applica- 50 tion for the purchase, rental or lease of such housing accommodation or 51 to make any record or inquiry in connection with the prospective 52 purchase, rental or lease of such a housing accommodation which 53 expresses, directly or indirectly, any limitation, specification or 54 discrimination as to race, creed, color, national origin, sexual orien- 55 tation, military status, sex, age, disability, marital status, [or]S. 8606 3 1 familial status, or source of income, or any intent to make any such 2 limitation, specification or discrimination. 3 The provisions of this paragraph [(a)] shall not apply (1) to the 4 rental of a housing accommodation in a building which contains housing 5 accommodations for not more than two families living independently of 6 each other, if the owner resides in one of such housing accommodations, 7 (2) to the restriction of the rental of all rooms in a housing accommo- 8 dation to individuals of the same sex or (3) to the rental of a room or 9 rooms in a housing accommodation, if such rental is by the occupant of 10 the housing accommodation or by the owner of the housing accommodation 11 and the owner resides in such housing accommodation or (4) solely with 12 respect to age and familial status to the restriction of the sale, 13 rental or lease of housing accommodations exclusively to persons sixty- 14 two years of age or older and the spouse of any such person, or for 15 housing intended and operated for occupancy by at least one person 16 fifty-five years of age or older per unit. In determining whether hous- 17 ing is intended and operated for occupancy by persons fifty-five years 18 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 19 federal Fair Housing Act of 1988, as amended, shall apply. 20 (b) It shall be an unlawful discriminatory practice for the owner, 21 lessee, sub-lessee, or managing agent of, or other person having the 22 right of ownership or possession of or the right to sell, rent or lease, 23 land or commercial space: 24 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 25 from any person or group of persons land or commercial space because of 26 the race, creed, color, national origin, sexual orientation, military 27 status, sex, age, disability, marital status, [or] familial status, or 28 source of income of such person or persons, or to represent that any 29 housing accommodation or land is not available for inspection, sale, 30 rental or lease when in fact it is so available; 31 (2) To discriminate against any person because of race, creed, color, 32 national origin, sexual orientation, military status, sex, age, disabil- 33 ity, marital status, [or] familial status, or source of income in the 34 terms, conditions or privileges of the sale, rental or lease of any such 35 land or commercial space; or in the furnishing of facilities or services 36 in connection therewith; 37 (3) To print or circulate or cause to be printed or circulated any 38 statement, advertisement or publication, or to use any form of applica- 39 tion for the purchase, rental or lease of such land or commercial space 40 or to make any record or inquiry in connection with the prospective 41 purchase, rental or lease of such land or commercial space which 42 expresses, directly or indirectly, any limitation, specification or 43 discrimination as to race, creed, color, national origin, sexual orien- 44 tation, military status, sex, age, disability, marital status, [or] 45 familial status, or source of income; or any intent to make any such 46 limitation, specification or discrimination. 47 (4) With respect to age and familial status, the provisions of this 48 paragraph shall not apply to the restriction of the sale, rental or 49 lease of land or commercial space exclusively to persons fifty-five 50 years of age or older and the spouse of any such person, or to the 51 restriction of the sale, rental or lease of land to be used for the 52 construction, or location of housing accommodations exclusively for 53 persons sixty-two years of age or older, or intended and operated for 54 occupancy by at least one person fifty-five years of age or older per 55 unit. In determining whether housing is intended and operated for occu- 56 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)S. 8606 4 1 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 2 amended, shall apply. 3 (c) It shall be an unlawful discriminatory practice for any real 4 estate broker, real estate salesperson or employee or agent thereof: 5 (1) To refuse to sell, rent or lease any housing accommodation, land 6 or commercial space to any person or group of persons or to refuse to 7 negotiate for the sale, rental or lease, of any housing accommodation, 8 land or commercial space to any person or group of persons because of 9 the race, creed, color, national origin, sexual orientation, military 10 status, sex, age, disability, marital status, [or] familial status, or 11 source of income of such person or persons, or to represent that any 12 housing accommodation, land or commercial space is not available for 13 inspection, sale, rental or lease when in fact it is so available, or 14 otherwise to deny or withhold any housing accommodation, land or commer- 15 cial space or any facilities of any housing accommodation, land or 16 commercial space from any person or group of persons because of the 17 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. 20 (2) To print or circulate or cause to be printed or circulated any 21 statement, advertisement or publication, or to use any form of applica- 22 tion for the purchase, rental or lease of any housing accommodation, 23 land or commercial space or to make any record or inquiry in connection 24 with the prospective purchase, rental or lease of any housing accommo- 25 dation, land or commercial space which expresses, directly or indirect- 26 ly, any limitation, specification, or discrimination as to race, creed, 27 color, national origin, sexual orientation, military status, sex, age, 28 disability, marital status, [or] familial status, or source of income; 29 or any intent to make any such limitation, specification or discrimi- 30 nation. 31 (3) With respect to age and familial status, the provisions of this 32 paragraph shall not apply to the restriction of the sale, rental or 33 lease of any land or commercial space exclusively to persons fifty-five 34 years of age or older and the spouse of any such person, or to the 35 restriction of the sale, rental or lease of any housing accommodation or 36 land to be used for the construction or location of housing accommo- 37 dations for persons sixty-two years of age or older, or intended and 38 operated for occupancy by at least one person fifty-five years of age or 39 older per unit. In determining whether housing is intended and operated 40 for occupancy by persons fifty-five years of age or older, Sec. 807 (b) 41 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of 42 1988, as amended, shall apply. 43 (d) It shall be an unlawful discriminatory practice for any real 44 estate board, because of the race, creed, color, national origin, sexual 45 orientation, military status, age, sex, disability, marital status, [or] 46 familial status, or source of income of any individual who is otherwise 47 qualified for membership, to exclude or expel such individual from 48 membership, or to discriminate against such individual in the terms, 49 conditions and privileges of membership in such board. 50 (e) It shall be an unlawful discriminatory practice for the owner, 51 proprietor or managing agent of, or other person having the right to 52 provide care and services in, a private proprietary nursing home, conva- 53 lescent home, or home for adults, or an intermediate care facility, as 54 defined in section two of the social services law, heretofore 55 constructed, or to be constructed, or any agent or employee thereof, to 56 refuse to provide services and care in such home or facility to anyS. 8606 5 1 individual or to discriminate against any individual in the terms, 2 conditions, and privileges of such services and care solely because such 3 individual is a blind person. For purposes of this paragraph, a "blind 4 person" shall mean a person who is registered as a blind person with the 5 commission for the visually handicapped and who meets the definition of 6 a "blind person" pursuant to section three of chapter four hundred 7 fifteen of the laws of nineteen hundred thirteen entitled "An act to 8 establish a state commission for improving the condition of the blind of 9 the state of New York, and making an appropriation therefor". 10 (f) The provisions of this subdivision, as they relate to age, shall 11 not apply to persons under the age of eighteen years. 12 (g) It shall be an unlawful discriminatory practice for any person 13 offering or providing housing accommodations, land or commercial space 14 as described in paragraphs (a), (b), and (c) of this subdivision to make 15 or cause to be made any written or oral inquiry or record concerning 16 membership of any person in the state organized militia in relation to 17 the purchase, rental or lease of such housing accommodation, land, or 18 commercial space, provided, however, that nothing in this subdivision 19 shall prohibit a member of the state organized militia from voluntarily 20 disclosing such membership. 21 § 5. This act shall take effect immediately.
