Bill Text: NY S08834 | 2023-2024 | General Assembly | Introduced


Bill Title: Prohibits a property owner from enforcing or adopting a restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry doorframe of a dwelling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-15 - ADVANCED TO THIRD READING [S08834 Detail]

Download: New_York-2023-S08834-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8834

                    IN SENATE

                                     March 19, 2024
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the civil rights law, in  relation  to  the  display  of
          religious items on dwellings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  79-r to read as follows:
     3    §  79-r.  Display of religious items on dwellings. 1. Except as other-
     4  wise provided in this section, a property owner  shall  not  enforce  or
     5  adopt a restrictive covenant or any other restriction that prohibits one
     6  or  more  religious  items  from being displayed or affixed on any entry
     7  door or entry doorframe of a dwelling.
     8    2. To the extent permitted by the New York State Constitution and  the
     9  United States Constitution, this section shall not prohibit the enforce-
    10  ment  or adoption of a restrictive covenant or other restriction prohib-
    11  iting the display or affixing of a religious item on any entry  door  or
    12  entry doorframe to a dwelling that:
    13    (a) threatens the public health or safety;
    14    (b) hinders the opening or closing of any entry door;
    15    (c) violates any federal, state, or local law;
    16    (d)  contains  graphics,  language  or  any display that is obscene or
    17  otherwise illegal; or
    18    (e) individually or in  combination  with  any  other  religious  item
    19  displayed  or  affixed  on any entry door or doorframe, has a total size
    20  greater than thirty-six by twelve square inches, provided  it  does  not
    21  exceed the size of the door.
    22    3. (a) No governing document of an association shall limit or prohibit
    23  the  display  of  one or more religious items on the entry door or entry
    24  doorframe of a member's separate interest.
    25     (b) If an association is performing maintenance, repair, or  replace-
    26  ment  of  an  entry  door  or  doorframe that serves a member's separate
    27  interest, the member may be required to remove a religious  item  during
    28  the  time  the  work is being performed. After completion of the associ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02758-01-3

        S. 8834                             2

     1  ation's work, the member may again display or affix the religious  item.
     2  The  association shall provide individual notice to the member regarding
     3  the temporary removal of the religious item.
     4    4. As used in this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a) "property owner" means an association, board, member, landlord, or
     7  sublessor;
     8    (b)  "association"  means  a  nonprofit  corporation or unincorporated
     9  association created for the purpose of managing a common interest devel-
    10  opment;
    11    (c) "board" means the board of directors of an association;
    12    (d) "member" means an owner of a separate interest; and
    13    (e) "religious item" means an item displayed because of sincerely held
    14  religious belief.
    15    § 2. This act shall take effect on the thirtieth day  after  it  shall
    16  have become a law.
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