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A04226 Summary:

BILL NOA04226B
 
SAME ASSAME AS S00195-B
 
SPONSORGottfried (MS)
 
COSPNSRGlick, O'Donnell, Brennan, Bronson, Cook, Ortiz, Hevesi, Titone, Kellner, Schimel, Kavanagh, Cahill, Englebright, Dinowitz, Paulin, Ryan, Abinanti, Moya, Sepulveda, Mosley, Arroyo, Roberts, Pichardo, Davila, Rozic, Rosenthal, Weprin
 
MLTSPNSRAubry, Benedetto, Buchwald, DenDekker, Fahy, Farrell, Gunther, Hooper, Jacobs, Jaffee, Lavine, Lifton, Lupardo, Magnarelli, Markey, McDonald, Millman, Otis, Peoples-Stokes, Perry, Pretlow, Quart, Ramos, Rivera, Robinson, Scarborough, Simotas, Skartados, Solages, Steck, Sweeney, Thiele, Weisenberg, Wright
 
Amd SS291, 292, 295, 296, 296-a & 296-b, Exec L; amd S40-c, Civ Rts L; amd S313, Ed L; amd SS485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd S200.50, CP L
 
Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.
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A04226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4226--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2013
                                       ___________
 
        Introduced  by  M.  of A. GOTTFRIED, GLICK, O'DONNELL, BRENNAN, BRONSON,
          COOK, ORTIZ,  HEVESI,  TITONE,  KELLNER,  SCHIMEL,  KAVANAGH,  CAHILL,
          ENGLEBRIGHT,   DINOWITZ,  PAULIN,  RYAN,  ABINANTI,  MOYA,  SEPULVEDA,
          MOSLEY, ARROYO, ROBERTS -- Multi-Sponsored by -- M. of A. AUBRY, BENE-
          DETTO, BOYLAND, BUCHWALD,  FAHY,  FARRELL,  GUNTHER,  HOOPER,  JACOBS,

          JAFFEE,  LAVINE,  LIFTON, LUPARDO, MAGNARELLI, MARKEY, McDONALD, MILL-
          MAN, OTIS,  PEOPLES-STOKES,  PERRY,  PRETLOW,  QUART,  RAMOS,  RIVERA,
          ROBINSON,  ROSENTHAL,  SCARBOROUGH,  SIMOTAS, SOLAGES, STECK, SWEENEY,
          THIELE, WEISENBERG, WRIGHT -- read once and referred to the  Committee
          on  Governmental  Operations -- reported and referred to the Committee
          on Codes -- passed by Assembly and delivered to the  Senate,  recalled
          from  the  Senate, vote reconsidered, bill amended, ordered reprinted,
          retaining its place on the order of third reading  --  recommitted  to
          the  Committee  on Governmental Operations in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the executive law, the civil rights law and the educa-

          tion law, in relation to prohibiting discrimination  based  on  gender
          identity  or  expression;  and to amend the penal law and the criminal
          procedure law, in relation  to  including  offenses  regarding  gender
          identity  or  expression within the list of offenses subject to treat-
          ment as hate crimes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative findings and intent. The legislature reaffirms
     2  that the state has the responsibility to act to assure that every  indi-
     3  vidual  within  this  state  is afforded an equal opportunity to enjoy a
     4  full and productive life, and that the failure  to  provide  such  equal
     5  opportunity,  whether  because of discrimination, prejudice, intolerance
     6  or inadequate education, training,  housing  or  health  care  not  only

     7  threatens  the  rights  and  proper  privileges  of its inhabitants, but
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01192-04-4

        A. 4226--B                          2
 
     1  menaces the institutions and foundation of a free democratic  state  and
     2  threatens  the  peace,  order, health, safety and general welfare of the
     3  state and its inhabitants.
     4    The  legislature  further finds that many residents of this state have
     5  encountered prejudice on account of their gender identity or expression,
     6  and that this prejudice  has  severely  limited  or  actually  prevented
     7  access to employment, housing and other basic necessities of life, lead-

     8  ing  to  deprivation  and  suffering. The legislature further recognizes
     9  that this prejudice has fostered a  general  climate  of  hostility  and
    10  distrust,  leading  in some instances to physical violence against those
    11  perceived to live in a gender identity or expression which is  different
    12  from  that traditionally associated with the sex assigned to that person
    13  at birth.
    14    In so doing, the legislature makes clear its action is not intended to
    15  promote any particular attitude, course of conduct or way of life. Rath-
    16  er its purpose is to ensure that individuals who live in our free socie-
    17  ty have the capacity to make their own choices, follow their own beliefs
    18  and conduct their own lives as they see fit,  consistent  with  existing
    19  law.
    20    The  legislature  further finds that, as court decisions have properly

    21  held, New York's sex discrimination laws prohibit  discrimination  based
    22  on  gender  stereotypes  or  because  an  individual has transitioned or
    23  intends to transition from one gender to another.  This  legislation  is
    24  intended  to  codify this principle and to ensure that the public under-
    25  stands  that  discrimination  on  the  basis  of  gender  identity   and
    26  expression is prohibited.
    27    §  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
    28  amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
    29  follows:
    30    1. The opportunity to obtain employment without discrimination because
    31  of  age, race, creed, color, national origin, sexual orientation, gender
    32  identity or expression, military status, sex, marital status,  or  disa-
    33  bility, is hereby recognized as and declared to be a civil right.

    34    2.  The  opportunity  to obtain education, the use of places of public
    35  accommodation and the ownership, use and occupancy of  housing  accommo-
    36  dations  and  commercial  space  without  discrimination because of age,
    37  race, creed, color, national origin, sexual orientation, gender identity
    38  or expression, military status, sex, marital status, or  disability,  as
    39  specified  in  section two hundred ninety-six of this article, is hereby
    40  recognized as and declared to be a civil right.
    41    § 3. Section 292 of the executive law  is  amended  by  adding  a  new
    42  subdivision 35 to read as follows:
    43    35.  The  term  "gender  identity or expression" means having or being
    44  perceived as having a gender identity, self-image, appearance,  behavior
    45  or  expression  whether or not that gender identity, self-image, appear-

    46  ance, behavior or expression is different from that traditionally  asso-
    47  ciated with the sex assigned to that person at birth.
    48    §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
    49  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
    50  follows:
    51    8. To create such advisory councils, local, regional or state-wide, as
    52  in  its  judgment  will aid in effectuating the purposes of this article
    53  and of section eleven of article one of the constitution of this  state,
    54  and  the  division  may  empower them to study the problems of discrimi-
    55  nation in all or specific fields of human relationships or  in  specific
    56  instances of discrimination because of age, race, creed, color, national

        A. 4226--B                          3
 

     1  origin,  sexual  orientation,  gender  identity  or expression, military
     2  status, sex, disability or marital status and  make  recommendations  to
     3  the  division  for the development of policies and procedures in general
     4  and  in specific instances. The advisory councils also shall disseminate
     5  information about the division's activities to organizations  and  indi-
     6  viduals in their localities. Such advisory councils shall be composed of
     7  representative citizens, serving without pay, but with reimbursement for
     8  actual  and  necessary  traveling  expenses;  and  the division may make
     9  provision for technical and clerical assistance to such councils and for
    10  the expenses of such assistance.
    11    9. To develop human rights plans and policies for the state and assist
    12  in their execution and to make investigations and studies appropriate to

    13  effectuate this article and to issue such publications and such  results
    14  of  investigations  and research as in its judgement will tend to inform
    15  persons of the rights assured and remedies provided under this  article,
    16  to promote good-will and minimize or eliminate discrimination because of
    17  age,  race,  creed,  color,  national origin, sexual orientation, gender
    18  identity or expression, military  status,  sex,  disability  or  marital
    19  status.
    20    §  5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
    21  of the executive law, paragraph (a) as amended by chapter 80 of the laws
    22  of 2009 and paragraphs (b), (c), and (d) as amended by chapter 75 of the
    23  laws of 2005, are amended to read as follows:
    24    (a) For an employer or licensing agency, because  of  an  individual's

    25  age,  race,  creed,  color,  national origin, sexual orientation, gender
    26  identity or expression, military status, sex,  disability,  predisposing
    27  genetic  characteristics,  marital  status,  or domestic violence victim
    28  status, to refuse to hire or employ or  to  bar  or  to  discharge  from
    29  employment such individual or to discriminate against such individual in
    30  compensation or in terms, conditions or privileges of employment.
    31    (b)  For  an  employment agency to discriminate against any individual
    32  because of age, race, creed, color, national origin, sexual orientation,
    33  gender identity or expression, military status, sex, disability, predis-
    34  posing genetic characteristics, or marital status, in receiving, classi-
    35  fying, disposing or otherwise acting upon applications for its  services

    36  or in referring an applicant or applicants to an employer or employers.
    37    (c)  For a labor organization, because of the age, race, creed, color,
    38  national origin, sexual  orientation,  gender  identity  or  expression,
    39  military  status, sex, disability, predisposing genetic characteristics,
    40  or marital status of any individual, to exclude or  to  expel  from  its
    41  membership  such individual or to discriminate in any way against any of
    42  its members or against any employer or any  individual  employed  by  an
    43  employer.
    44    (d)  For  any  employer  or employment agency to print or circulate or
    45  cause to be printed or circulated any statement, advertisement or publi-
    46  cation, or to use any form of application for employment or to make  any
    47  inquiry  in  connection  with  prospective  employment,  which expresses

    48  directly or indirectly, any limitation, specification or  discrimination
    49  as  to  age,  race,  creed,  color, national origin, sexual orientation,
    50  gender identity or expression, military status, sex, disability, predis-
    51  posing genetic characteristics, or marital status, or any intent to make
    52  any such limitation, specification or discrimination, unless based  upon
    53  a  bona fide occupational qualification; provided, however, that neither
    54  this paragraph nor any provision of this chapter or other law  shall  be
    55  construed  to prohibit the department of civil service or the department
    56  of personnel of any city containing more than one county from requesting

        A. 4226--B                          4
 
     1  information from applicants for civil  service  examinations  concerning
     2  any of the aforementioned characteristics, other than sexual orientation

     3  or  gender identity or expression, for the purpose of conducting studies
     4  to  identify and resolve possible problems in recruitment and testing of
     5  members of minority groups to insure  the  fairest  possible  and  equal
     6  opportunities  for  employment  in  the  civil  service for all persons,
     7  regardless of age, race, creed, color, national  origin,  sexual  orien-
     8  tation, gender identity or expression, military status, sex, disability,
     9  predisposing genetic characteristics, or marital status.
    10    §  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
    11  the executive law, as amended by chapter 106 of the laws  of  2003,  are
    12  amended to read as follows:
    13    (b)  To  deny  to  or withhold from any person because of race, creed,
    14  color,  national  origin,  sexual  orientation,   gender   identity   or

    15  expression,  military  status,  sex, age, disability, or marital status,
    16  the right to be admitted to or participate in  a  guidance  program,  an
    17  apprenticeship  training program, on-the-job training program, executive
    18  training program, or other occupational training or retraining program;
    19    (c) To discriminate against any person in his or her pursuit  of  such
    20  programs  or  to discriminate against such a person in the terms, condi-
    21  tions or privileges of such programs  because  of  race,  creed,  color,
    22  national  origin,  sexual  orientation,  gender  identity or expression,
    23  military status, sex, age, disability or marital status;
    24    (d) To print or circulate or cause to be  printed  or  circulated  any
    25  statement,  advertisement or publication, or to use any form of applica-
    26  tion for such programs or to make any inquiry in  connection  with  such

    27  program  which  expresses, directly or indirectly, any limitation, spec-
    28  ification or discrimination as to race, creed, color,  national  origin,
    29  sexual orientation, gender identity or expression, military status, sex,
    30  age,  disability  or  marital  status, or any intention to make any such
    31  limitation, specification or discrimination, unless based on a bona fide
    32  occupational qualification.
    33    § 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
    34  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
    35  as follows:
    36    (a) It shall be an unlawful discriminatory practice  for  any  person,
    37  being  the  owner, lessee, proprietor, manager, superintendent, agent or
    38  employee of any place of  public  accommodation,  resort  or  amusement,
    39  because  of the race, creed, color, national origin, sexual orientation,

    40  gender identity or expression, military status, sex, [or] disability  or
    41  marital  status  of any person, directly or indirectly, to refuse, with-
    42  hold from or deny to such person any of the accommodations,  advantages,
    43  facilities or privileges thereof, including the extension of credit, or,
    44  directly  or  indirectly, to publish, circulate, issue, display, post or
    45  mail any written or printed communication, notice or  advertisement,  to
    46  the  effect  that  any of the accommodations, advantages, facilities and
    47  privileges of any such place shall be refused, withheld from  or  denied
    48  to  any person on account of race, creed, color, national origin, sexual
    49  orientation, gender identity or expression, military status,  sex,  [or]
    50  disability or marital status, or that the patronage or custom thereat of

    51  any  person of or purporting to be of any particular race, creed, color,
    52  national origin, sexual  orientation,  gender  identity  or  expression,
    53  military status, sex or marital status, or having a disability is unwel-
    54  come, objectionable or not acceptable, desired or solicited.
    55    §  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
    56  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and

        A. 4226--B                          5
 
     1  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
     2  to read as follows:
     3    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
     4  hold from any person or group of  persons  such  housing  accommodations
     5  because  of  the race, creed, color, disability, national origin, sexual

     6  orientation, gender identity or expression, military status,  age,  sex,
     7  marital  status,  or  familial  status  of such person or persons, or to
     8  represent that any housing accommodation or land is  not  available  for
     9  inspection, sale, rental or lease when in fact it is so available.
    10    (b)  To  discriminate  against  any person because of his or her race,
    11  creed, color, disability, national origin,  sexual  orientation,  gender
    12  identity  or  expression,  military status, age, sex, marital status, or
    13  familial status in the terms, conditions or privileges of any  publicly-
    14  assisted  housing  accommodations  or in the furnishing of facilities or
    15  services in connection therewith.
    16    (c) To cause to be made any written or oral inquiry or record concern-
    17  ing the race, creed, color, disability, national origin,  sexual  orien-

    18  tation,  gender  identity or expression, membership in the reserve armed
    19  forces of the United States or in the organized militia  of  the  state,
    20  age, sex, marital status, or familial status of a person seeking to rent
    21  or lease any publicly-assisted housing accommodation; provided, however,
    22  that  nothing in this subdivision shall prohibit a member of the reserve
    23  armed forces of the United States or in the  organized  militia  of  the
    24  state from voluntarily disclosing such membership.
    25    (c-1)  To  print or circulate or cause to be printed or circulated any
    26  statement, advertisement or publication, or to use any form of  applica-
    27  tion  for the purchase, rental or lease of such housing accommodation or
    28  to make any  record  or  inquiry  in  connection  with  the  prospective
    29  purchase,  rental  or  lease  of  such  a  housing  accommodation  which

    30  expresses, directly or  indirectly,  any  limitation,  specification  or
    31  discrimination  as to race, creed, color, national origin, sexual orien-
    32  tation, gender identity or expression, military status, sex, age,  disa-
    33  bility,  marital  status,  or familial status, or any intent to make any
    34  such limitation, specification or discrimination.
    35    § 9. Subdivision 3-b of section 296 of the executive law,  as  amended
    36  by chapter 106 of the laws of 2003, is amended to read as follows:
    37    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    38  estate broker, real estate salesperson or employee or agent  thereof  or
    39  any  other  individual, corporation, partnership or organization for the
    40  purpose of inducing a real estate transaction from which any such person
    41  or any of its stockholders or members may benefit financially, to repre-

    42  sent that a change has occurred or will or may occur in the  composition
    43  with respect to race, creed, color, national origin, sexual orientation,
    44  gender identity or expression, military status, sex, disability, marital
    45  status,  or  familial  status  of  the owners or occupants in the block,
    46  neighborhood or area in which the  real  property  is  located,  and  to
    47  represent,  directly  or indirectly, that this change will or may result
    48  in undesirable consequences in the block, neighborhood or area in  which
    49  the  real property is located, including but not limited to the lowering
    50  of property values, an increase in criminal or anti-social behavior,  or
    51  a decline in the quality of schools or other facilities.
    52    § 10. Subdivision 4 of section 296 of the executive law, as amended by
    53  chapter 106 of the laws of 2003, is amended to read as follows:

    54    4.  It  shall  be an unlawful discriminatory practice for an education
    55  corporation or association which holds itself out to the  public  to  be
    56  non-sectarian  and  exempt  from  taxation pursuant to the provisions of

        A. 4226--B                          6
 
     1  article four of the real property tax law to deny the use of its facili-
     2  ties to any person otherwise qualified, or to permit the  harassment  of
     3  any  student or applicant, by reason of his race, color, religion, disa-
     4  bility,   national   origin,  sexual  orientation,  gender  identity  or
     5  expression, military status, sex, age or marital status, except that any
     6  such institution which establishes or maintains a  policy  of  educating
     7  persons of one sex exclusively may admit students of only one sex.

     8    § 11. Subdivision 5 of section 296 of the executive law, as amended by
     9  chapter 106 of the laws of 2003, is amended to read as follows:
    10    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    11  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    12  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    13  constructed or to be constructed, or any agent or employee thereof:
    14    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    15  from any person or group of persons such a housing accommodation because
    16  of the race, creed, color, national origin, sexual  orientation,  gender
    17  identity  or  expression, military status, sex, age, disability, marital
    18  status, or familial status of such person or persons,  or  to  represent
    19  that  any housing accommodation or land is not available for inspection,

    20  sale, rental or lease when in fact it is so available.
    21    (2) To discriminate against any person because of race, creed,  color,
    22  national  origin,  sexual  orientation,  gender  identity or expression,
    23  military status, sex,  age,  disability,  marital  status,  or  familial
    24  status  in  the  terms,  conditions or privileges of the sale, rental or
    25  lease of any such housing accommodation or in the furnishing of  facili-
    26  ties or services in connection therewith.
    27    (3)  To  print  or  circulate or cause to be printed or circulated any
    28  statement, advertisement or publication, or to use any form of  applica-
    29  tion  for the purchase, rental or lease of such housing accommodation or
    30  to make any  record  or  inquiry  in  connection  with  the  prospective
    31  purchase,  rental  or  lease  of  such  a  housing  accommodation  which

    32  expresses, directly or  indirectly,  any  limitation,  specification  or
    33  discrimination  as to race, creed, color, national origin, sexual orien-
    34  tation, gender identity or expression, military status, sex, age,  disa-
    35  bility,  marital  status,  or familial status, or any intent to make any
    36  such limitation, specification or discrimination.
    37    The provisions of this paragraph (a) shall not apply (1) to the rental
    38  of a housing accommodation in a building which contains housing accommo-
    39  dations for not more than two  families  living  independently  of  each
    40  other,  if  the owner resides in one of such housing accommodations, (2)
    41  to the restriction of the rental of all rooms in a housing accommodation
    42  to individuals of the same sex or (3) to the rental of a room  or  rooms
    43  in  a  housing  accommodation,  if such rental is by the occupant of the

    44  housing accommodation or by the owner of the housing  accommodation  and
    45  the  owner  resides  in  such  housing  accommodation or (4) solely with
    46  respect to age and familial status  to  the  restriction  of  the  sale,
    47  rental  or lease of housing accommodations exclusively to persons sixty-
    48  two years of age or older and the spouse of  any  such  person,  or  for
    49  housing  intended  and  operated  for  occupancy  by at least one person
    50  fifty-five years of age or older per unit. In determining whether  hous-
    51  ing  is  intended and operated for occupancy by persons fifty-five years
    52  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    53  federal Fair Housing Act of 1988, as amended, shall apply.
    54    (b) It shall be an unlawful discriminatory  practice  for  the  owner,
    55  lessee,  sub-lessee,  or  managing  agent of, or other person having the


        A. 4226--B                          7
 
     1  right of ownership or possession of or the right to sell, rent or lease,
     2  land or commercial space:
     3    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
     4  from any person or group of persons land or commercial space because  of
     5  the  race,  creed,  color,  national  origin, sexual orientation, gender
     6  identity or expression, military status, sex, age,  disability,  marital
     7  status,  or  familial  status of such person or persons, or to represent
     8  that any housing accommodation or land is not available for  inspection,
     9  sale, rental or lease when in fact it is so available;
    10    (2)  To discriminate against any person because of race, creed, color,
    11  national origin, sexual  orientation,  gender  identity  or  expression,
    12  military  status,  sex,  age,  disability,  marital  status, or familial

    13  status in the terms, conditions or privileges of  the  sale,  rental  or
    14  lease  of  any  such  land  or commercial space; or in the furnishing of
    15  facilities or services in connection therewith;
    16    (3) To print or circulate or cause to be  printed  or  circulated  any
    17  statement,  advertisement or publication, or to use any form of applica-
    18  tion for the purchase, rental or lease of such land or commercial  space
    19  or  to  make  any  record  or inquiry in connection with the prospective
    20  purchase, rental or  lease  of  such  land  or  commercial  space  which
    21  expresses,  directly  or  indirectly,  any  limitation, specification or
    22  discrimination as to race, creed, color, national origin, sexual  orien-
    23  tation,  gender identity or expression, military status, sex, age, disa-
    24  bility, marital status, or familial status; or any intent  to  make  any

    25  such limitation, specification or discrimination.
    26    (4)  With  respect  to age and familial status, the provisions of this
    27  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    28  lease  of  land  or  commercial  space exclusively to persons fifty-five
    29  years of age or older and the spouse of  any  such  person,  or  to  the
    30  restriction  of  the  sale,  rental  or lease of land to be used for the
    31  construction, or location  of  housing  accommodations  exclusively  for
    32  persons  sixty-two  years  of age or older, or intended and operated for
    33  occupancy by at least one person fifty-five years of age  or  older  per
    34  unit.  In determining whether housing is intended and operated for occu-
    35  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    36  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    37  amended, shall apply.

    38    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    39  estate broker, real estate salesperson or employee or agent thereof:
    40    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    41  or commercial space to any person or group of persons or  to  refuse  to
    42  negotiate  for  the sale, rental or lease, of any housing accommodation,
    43  land or commercial space to any person or group of  persons  because  of
    44  the  race,  creed,  color,  national  origin, sexual orientation, gender
    45  identity or expression, military status, sex, age,  disability,  marital
    46  status,  or  familial  status of such person or persons, or to represent
    47  that any housing accommodation, land or commercial space is  not  avail-
    48  able  for inspection, sale, rental or lease when in fact it is so avail-
    49  able, or otherwise to deny or withhold any housing  accommodation,  land

    50  or commercial space or any facilities of any housing accommodation, land
    51  or  commercial  space from any person or group of persons because of the
    52  race, creed, color, national origin, sexual orientation, gender identity
    53  or expression, military status, sex, age, disability, marital status, or
    54  familial status of such person or persons.
    55    (2) To print or circulate or cause to be  printed  or  circulated  any
    56  statement,  advertisement or publication, or to use any form of applica-

        A. 4226--B                          8
 
     1  tion for the purchase, rental or lease  of  any  housing  accommodation,
     2  land  or commercial space or to make any record or inquiry in connection
     3  with the prospective purchase, rental or lease of any  housing  accommo-
     4  dation,  land or commercial space which expresses, directly or indirect-

     5  ly, any limitation, specification, or discrimination as to race,  creed,
     6  color,   national   origin,   sexual  orientation,  gender  identity  or
     7  expression, military status, sex, age, disability,  marital  status,  or
     8  familial  status;  or any intent to make any such limitation, specifica-
     9  tion or discrimination.
    10    (3) With respect to age and familial status, the  provisions  of  this
    11  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    12  lease of any housing accommodation, land or commercial space exclusively
    13  to persons fifty-five years of age or older and the spouse of  any  such
    14  person,  or to the restriction of the sale, rental or lease of any hous-
    15  ing accommodation or land to be used for the construction or location of
    16  housing accommodations for persons sixty-two years of age or  older,  or

    17  intended  and  operated  for occupancy by at least one person fifty-five
    18  years of age or older  per  unit.  In  determining  whether  housing  is
    19  intended  and  operated for occupancy by persons fifty-five years of age
    20  or older, Sec.  807 (b) (2) (c) (42 U.S.C. 3607  (b)  (2)  (c))  of  the
    21  federal Fair Housing Act of 1988, as amended, shall apply.
    22    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    23  estate board, because of the race, creed, color, national origin, sexual
    24  orientation, gender identity or expression, military status,  age,  sex,
    25  disability,  marital status, or familial status of any individual who is
    26  otherwise qualified for membership, to exclude or expel such  individual
    27  from  membership,  or  to  discriminate  against  such individual in the
    28  terms, conditions and privileges of membership in such board.

    29    (e) It shall be an unlawful discriminatory  practice  for  the  owner,
    30  proprietor  or  managing  agent  of, or other person having the right to
    31  provide care and services in, a private proprietary nursing home, conva-
    32  lescent home, or home for adults, or an intermediate care  facility,  as
    33  defined   in   section  two  of  the  social  services  law,  heretofore
    34  constructed, or to be constructed, or any agent or employee thereof,  to
    35  refuse  to  provide  services  and  care in such home or facility to any
    36  individual or to discriminate  against  any  individual  in  the  terms,
    37  conditions, and privileges of such services and care solely because such
    38  individual  is  a blind person. For purposes of this paragraph, a "blind
    39  person" shall mean a person who is registered as a blind person with the
    40  commission for the visually handicapped and who meets the definition  of

    41  a  "blind  person"  pursuant  to  section  three of chapter four hundred
    42  fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
    43  establish a state commission for improving the condition of the blind of
    44  the state of New York, and making an appropriation therefor".
    45    (f)  The  provisions of this subdivision, as they relate to age, shall
    46  not apply to persons under the age of eighteen years.
    47    (g) It shall be an unlawful discriminatory  practice  for  any  person
    48  offering  or  providing housing accommodations, land or commercial space
    49  as described in paragraphs (a), (b), and (c) of this subdivision to make
    50  or cause to be made any written or oral  inquiry  or  record  concerning
    51  membership  of  any person in the state organized militia in relation to
    52  the purchase, rental or lease of such housing  accommodation,  land,  or

    53  commercial  space,  provided,  however, that nothing in this subdivision
    54  shall prohibit a member of the state organized militia from  voluntarily
    55  disclosing such membership.

        A. 4226--B                          9
 
     1    §  12.  Paragraph (a) of subdivision 9 of section 296 of the executive
     2  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
     3  as follows:
     4    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
     5  department or fire company therein, through any member or members there-
     6  of, officers, board of fire commissioners or other body or office having
     7  power of appointment of volunteer firefighters, directly or  indirectly,
     8  by ritualistic practice, constitutional or by-law prescription, by tacit
     9  agreement  among  its  members,  or otherwise, to deny to any individual

    10  membership in any volunteer fire department or fire company therein,  or
    11  to  expel or discriminate against any volunteer member of a fire depart-
    12  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    13  national  origin,  sexual  orientation,  gender  identity or expression,
    14  military status, sex or marital status of such individual.
    15    § 13. Subdivision 13 of section 296 of the executive law,  as  amended
    16  by chapter 196 of the laws of 2010, is amended to read as follows:
    17    13. It shall be an unlawful discriminatory practice (i) for any person
    18  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
    19  with, or otherwise discriminate against any person, because of the race,
    20  creed, color, national origin, sexual orientation,  gender  identity  or
    21  expression,  military  status,  sex, or disability of such person, or of

    22  such person's  partners,  members,  stockholders,  directors,  officers,
    23  managers,   superintendents,  agents,  employees,  business  associates,
    24  suppliers or customers, or (ii) for any person wilfully to do any act or
    25  refrain from doing any act which enables any such person  to  take  such
    26  action. This subdivision shall not apply to:
    27    (a) Boycotts connected with labor disputes; or
    28    (b) Boycotts to protest unlawful discriminatory practices.
    29    §  14.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
    30  as amended by chapter 106 of the laws of 2003, are amended  to  read  as
    31  follows:
    32    1. It shall be an unlawful discriminatory practice for any creditor or
    33  any officer, agent or employee thereof:
    34    a.  In  the  case  of  applications  for  credit  with  respect to the
    35  purchase, acquisition, construction, rehabilitation, repair  or  mainte-

    36  nance of any housing accommodation, land or commercial space to discrim-
    37  inate  against  any  such  applicant  because of the race, creed, color,
    38  national origin, sexual  orientation,  gender  identity  or  expression,
    39  military  status,  age,  sex,  marital  status,  disability, or familial
    40  status of such applicant  or  applicants  or  any  member,  stockholder,
    41  director, officer or employee of such applicant or applicants, or of the
    42  prospective  occupants or tenants of such housing accommodation, land or
    43  commercial space, in the granting, withholding, extending  or  renewing,
    44  or in the fixing of the rates, terms or conditions of, any such credit;
    45    b.  To  discriminate in the granting, withholding, extending or renew-
    46  ing, or in the fixing of the rates, terms or conditions of, any form  of
    47  credit,  on  the  basis  of  race, creed, color, national origin, sexual

    48  orientation, gender identity or expression, military status,  age,  sex,
    49  marital status, disability, or familial status;
    50    c. To use any form of application for credit or use or make any record
    51  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
    52  specification, or discrimination as  to  race,  creed,  color,  national
    53  origin,  sexual  orientation,  gender  identity  or expression, military
    54  status, age, sex, marital status, disability, or familial status;

        A. 4226--B                         10
 
     1    d. To make any inquiry of an applicant concerning his or her  capacity
     2  to reproduce, or his or her use or advocacy of any form of birth control
     3  or family planning;
     4    e.  To  refuse  to  consider  sources  of  an applicant's income or to

     5  subject an applicant's income to  discounting,  in  whole  or  in  part,
     6  because  of  an  applicant's race, creed, color, national origin, sexual
     7  orientation, gender identity or expression, military status,  age,  sex,
     8  marital status, childbearing potential, disability, or familial status;
     9    f.  To  discriminate  against  a  married  person  because such person
    10  neither uses nor is known by the surname of his or her spouse.
    11    This paragraph shall not apply to any situation where  the  use  of  a
    12  surname would constitute or result in a criminal act.
    13    2. Without limiting the generality of subdivision one of this section,
    14  it  shall  be considered discriminatory if, because of an applicant's or
    15  class of applicants' race, creed, color, national origin, sexual  orien-
    16  tation,  gender identity or expression, military status, age, sex, mari-

    17  tal status or disability, or familial status, (i) an applicant or  class
    18  of  applicants  is denied credit in circumstances where other applicants
    19  of like overall credit worthiness are granted credit,  or  (ii)  special
    20  requirements  or conditions, such as requiring co-obligors or reapplica-
    21  tion upon marriage, are imposed upon an applicant or class of applicants
    22  in circumstances  where  similar  requirements  or  conditions  are  not
    23  imposed upon other applicants of like overall credit worthiness.
    24    3.  It  shall  not  be  considered  discriminatory if credit differen-
    25  tiations or decisions are based upon  factually  supportable,  objective
    26  differences  in applicants' overall credit worthiness, which may include
    27  reference to such factors as current income,  assets  and  prior  credit
    28  history  of  such applicants, as well as reference to any other relevant

    29  factually supportable data; provided, however, that  no  creditor  shall
    30  consider, in evaluating the credit worthiness of an applicant, aggregate
    31  statistics  or  assumptions  relating  to  race,  creed, color, national
    32  origin, sexual orientation,  gender  identity  or  expression,  military
    33  status,  sex,  marital status or disability, or to the likelihood of any
    34  group of persons bearing or rearing children, or for that reason receiv-
    35  ing diminished or interrupted income in the future.
    36    § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
    37  law, as added by chapter 481 of the laws of 2010, is amended to read  as
    38  follows:
    39    (b) Subject a domestic worker to unwelcome harassment based on gender,
    40  race,  religion,  sexual  orientation,  gender identity or expression or

    41  national origin, where such harassment has  the  purpose  or  effect  of
    42  unreasonably interfering with an individual's work performance by creat-
    43  ing an intimidating, hostile, or offensive working environment.
    44    § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
    45  the laws of 2002, is amended to read as follows:
    46    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    47  state  shall  be  entitled  to  the equal protection of the laws of this
    48  state or any subdivision thereof.
    49    2. No person shall, because of race, creed,  color,  national  origin,
    50  sex,  marital status, sexual orientation, gender identity or expression,
    51  or disability, as such term is defined in section two hundred ninety-two
    52  of the executive law, be subjected to any discrimination in his  or  her

    53  civil  rights, or to any harassment, as defined in section 240.25 of the
    54  penal law, in the exercise thereof, by any other person or by any  firm,
    55  corporation or institution, or by the state or any agency or subdivision
    56  of the state.

        A. 4226--B                         11
 
     1    §  17.  Paragraph (a) of subdivision 1 of section 313 of the education
     2  law, as amended by chapter 2 of the laws of 2002, is amended to read  as
     3  follows:
     4    (a) It is hereby declared to be the policy of the state that the Amer-
     5  ican  ideal of equality of opportunity requires that students, otherwise
     6  qualified, be admitted to educational institutions and be  given  access
     7  to all the educational programs and courses operated or provided by such
     8  institutions  without regard to race, color, sex, religion, creed, mari-

     9  tal status, age, sexual orientation as defined in  section  two  hundred
    10  ninety-two  of  the  executive  law,  gender  identity  or expression as
    11  defined in section two hundred  ninety-two  of  the  executive  law,  or
    12  national origin, except that, with regard to religious or denominational
    13  educational  institutions, students, otherwise qualified, shall have the
    14  equal opportunity to attend therein without  discrimination  because  of
    15  race,  color, sex, marital status, age, sexual orientation as defined in
    16  section two hundred ninety-two of the executive law, gender identity  or
    17  expression as defined in section two hundred ninety-two of the executive
    18  law,  or national origin. It is a fundamental American right for members
    19  of various religious faiths to establish and maintain educational insti-

    20  tutions exclusively or primarily for students  of  their  own  religious
    21  faith  or to effectuate the religious principles in furtherance of which
    22  they are maintained. Nothing herein contained shall  impair  or  abridge
    23  that right.
    24    § 18. Subdivision 3 of section 313 of the education law, as amended by
    25  chapter 2 of the laws of 2002, is amended to read as follows:
    26    (3)  Unfair  educational  practices. It shall be an unfair educational
    27  practice for an educational institution after September fifteenth, nine-
    28  teen hundred forty-eight:
    29    (a) To exclude or limit or otherwise discriminate against  any  person
    30  or  persons  seeking admission as students to such institution or to any
    31  educational program or course operated or provided by  such  institution
    32  because of race, religion, creed, sex, color, marital status, age, sexu-

    33  al orientation as defined in section two hundred ninety-two of the exec-
    34  utive  law,  gender  identity  or  expression  as defined in section two
    35  hundred ninety-two of the executive law, or national origin; except that
    36  nothing in this section shall be deemed to affect, in any way, the right
    37  of a religious or denominational educational institution to  select  its
    38  students  exclusively  or  primarily  from  members  of such religion or
    39  denomination or from giving preference in such selection to such members
    40  or to make such selection of its  students  as  is  calculated  by  such
    41  institution  to  promote the religious principles for which it is estab-
    42  lished or maintained. Nothing herein contained shall impair  or  abridge
    43  the  right of an independent institution, which establishes or maintains
    44  a policy of educating persons of one sex exclusively, to admit  students

    45  of only one sex.
    46    (b) To penalize any individual because he or she has initiated, testi-
    47  fied, participated or assisted in any proceedings under this section.
    48    (c)  To  accept any endowment or gift of money or property conditioned
    49  upon teaching the doctrine of supremacy of any particular race.
    50    (d) With respect to any individual who withdraws  from  attendance  to
    51  serve on active duty in the armed forces of the United States in time of
    52  war,  including  any individual who withdrew from attendance on or after
    53  August second, nineteen hundred ninety to serve on active  duty  in  the
    54  armed  forces  of the United States in the Persian Gulf conflict: (i) to
    55  deny or limit the readmission of such individual to such institution  or
    56  to any educational program or course operated or provided by such insti-

        A. 4226--B                         12
 

     1  tution  because  of  such  withdrawal  from attendance or because of the
     2  failure to complete any educational program or course due to such  with-
     3  drawal;  (ii)  to  impose any academic penalty on such person because of
     4  such  withdrawal  or  because of the failure to complete any educational
     5  program or course due to such withdrawal; (iii) to reduce  or  eliminate
     6  any  financial  aid  award granted to such individual which could not be
     7  used, in whole or part, because of such withdrawal  or  because  of  the
     8  failure  to complete any educational program or course due to such with-
     9  drawal; or (iv) to fail to provide a credit or  refund  of  tuition  and
    10  fees  paid  by  such  individual  for  any semester, term or quarter not
    11  completed because of such  withdrawal  or  because  of  the  failure  to
    12  complete any program or course due to such withdrawal.

    13    (e) It shall not be an unfair educational practice for any educational
    14  institution  to  use  criteria  other  than  race, religion, creed, sex,
    15  color, marital status, age, sexual orientation as defined in section two
    16  hundred ninety-two of the executive law, gender identity  or  expression
    17  as  defined  in  section two hundred ninety-two of the executive law, or
    18  national origin in the admission of students to such institution  or  to
    19  any of the educational programs and courses operated or provided by such
    20  institution.
    21    §  19. Section 485.00 of the penal law, as added by chapter 107 of the
    22  laws of 2000, is amended to read as follows:
    23  § 485.00 Legislative findings.
    24    The legislature finds and determines as follows: criminal acts involv-
    25  ing violence, intimidation and destruction of property based  upon  bias

    26  and  prejudice  have  become  more prevalent in New York state in recent
    27  years.  The intolerable truth is that  in  these  crimes,  commonly  and
    28  justly referred to as "hate crimes", victims are intentionally selected,
    29  in  whole  or  in  part,  because of their race, color, national origin,
    30  ancestry, gender, gender identity  or  expression,  religion,  religious
    31  practice,  age,  disability  or  sexual orientation. Hate crimes do more
    32  than threaten the safety and welfare of all citizens.  They  inflict  on
    33  victims  incalculable physical and emotional damage and tear at the very
    34  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
    35  particular  groups  not only harm individual victims but send a powerful
    36  message of intolerance and discrimination to all members of the group to
    37  which the victim belongs.  Hate crimes can and do intimidate and disrupt

    38  entire communities and vitiate the civility that is essential to healthy
    39  democratic processes.   In a  democratic  society,  citizens  cannot  be
    40  required  to  approve  of  the beliefs and practices of others, but must
    41  never commit criminal acts on account of  them.  Current  law  does  not
    42  adequately recognize the harm to public order and individual safety that
    43  hate  crimes  cause. Therefore, our laws must be strengthened to provide
    44  clear recognition of the gravity  of  hate  crimes  and  the  compelling
    45  importance of preventing their recurrence.
    46    Accordingly,  the  legislature  finds  and  declares  that hate crimes
    47  should be prosecuted and punished with appropriate severity.
    48    § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
    49  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
    50  follows:

    51    1. A person commits a hate crime when he or she  commits  a  specified
    52  offense and either:
    53    (a)  intentionally  selects  the  person  against  whom the offense is
    54  committed or intended to be committed in whole or  in  substantial  part
    55  because  of  a  belief or perception regarding the race, color, national
    56  origin, ancestry, gender, gender identity or expression, religion, reli-

        A. 4226--B                         13
 
     1  gious practice, age, disability  or  sexual  orientation  of  a  person,
     2  regardless of whether the belief or perception is correct, or
     3    (b)  intentionally commits the act or acts constituting the offense in
     4  whole or in substantial part because of a belief or perception regarding
     5  the race, color, national origin, ancestry, gender, gender  identity  or

     6  expression,  religion,  religious  practice,  age,  disability or sexual
     7  orientation of a person, regardless of whether the belief or  perception
     8  is correct.
     9    2.  Proof  of  race,  color, national origin, ancestry, gender, gender
    10  identity or expression, religion, religious practice, age, disability or
    11  sexual orientation of the defendant, the victim or of both the defendant
    12  and the victim  does  not,  by  itself,  constitute  legally  sufficient
    13  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
    14  subdivision one of this section.
    15    4. For purposes of this section:
    16    (a) the term "age" means sixty years old or more;
    17    (b) the term "disability" means a physical or mental  impairment  that
    18  substantially limits a major life activity[.];

    19    (c)  the  term  "gender  identity or expression" means having or being
    20  perceived as having a gender identity, self-image, appearance,  behavior
    21  or  expression  whether or not that gender identity, self-image, appear-
    22  ance, behavior or expression is different from that traditionally  asso-
    23  ciated with the sex assigned to that person at birth.
    24    §  21. Subdivision 3 of section 240.30 of the penal law, as amended by
    25  chapter 510 of the laws of 2008, is amended to read as follows:
    26    3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
    27  physical  contact,  or attempts or threatens to do the same because of a
    28  belief or perception  regarding  such  person's  race,  color,  national
    29  origin, ancestry, gender, gender identity or expression, religion, reli-

    30  gious  practice,  age,  disability  or sexual orientation, regardless of
    31  whether the belief or perception is correct; or
    32    § 22. The opening paragraph of section 240.31 of  the  penal  law,  as
    33  amended  by  chapter  49  of  the  laws  of  2006, is amended to read as
    34  follows:
    35    A person is guilty of aggravated harassment in the first  degree  when
    36  with  intent to harass, annoy, threaten or alarm another person, because
    37  of a belief or perception regarding such person's race, color,  national
    38  origin, ancestry, gender, gender identity or expression, religion, reli-
    39  gious  practice,  age,  disability  or sexual orientation, regardless of
    40  whether the belief or perception is correct, he or she:
    41    § 23. Section 240.00 of the penal law  is  amended  by  adding  a  new
    42  subdivision 7 to read as follows:

    43    7.  "Gender identity or expression" means having or being perceived as
    44  having a gender identity, self-image, appearance, behavior or expression
    45  whether or not that gender identity, self-image, appearance, behavior or
    46  expression is different from that traditionally associated with the  sex
    47  assigned to that person at birth.
    48    § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
    49  procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
    50  to read as follows:
    51    (c) in the case of any hate crime, as defined in section 485.05 of the
    52  penal law, specifies, as applicable, that the  defendant  or  defendants
    53  intentionally selected the person against whom the offense was committed
    54  or  intended to be committed; or intentionally committed the act or acts

    55  constituting the offense, in whole or in substantial part because  of  a
    56  belief  or perception regarding the race, color, national origin, ances-

        A. 4226--B                         14
 
     1  try, gender, gender identity or expression,  religion,  religious  prac-
     2  tice, age, disability or sexual orientation of a person; and
     3    §  25.  This act shall take effect on the thirtieth day after it shall
     4  have become a law; provided, however,  that  sections  nineteen  through
     5  twenty-four  of this act shall take effect on the first of November next
     6  succeeding the date on which it shall have become a law.
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