A10610 Summary:

BILL NOA10610
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSRMosley, Joyner, Peoples-Stokes, Skoufis, Morelle, Magnarelli, Cymbrowitz, Benedetto, Buchwald, Rosenthal L, Williams, Zebrowski, Seawright, Hevesi, Stirpe, Gottfried, Cook, Barron, Galef, Lupardo, Pretlow, Simon, Espinal, Lifton
 
MLTSPNSR
 
Amd §§292 & 296, Exec L
 
Prevents discrimination based on lawful source of income in housing; provides a definition for lawful source of income.
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A10610 Actions:

BILL NOA10610
 
05/09/2018referred to governmental operations
05/14/2018reported referred to codes
05/31/2018reported
05/31/2018advanced to third reading cal.1066
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A10610 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Peoples-Stokes DATE:05/14/2018AYE/NAY:9/3 Action: Favorable refer to committee Codes
Peoples-StokesAyeJohnsNay
GalefAyeGoodellNay
GlickAyeLalorExcused
KimExcusedByrneNay
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye
WilliamsAye
EpsteinAye

CODES Chair:Lentol DATE:05/31/2018AYE/NAY:14/5 Action: Favorable
LentolAyeCurranNay
SchimmingerAyeGiglioNay
PretlowAyeMontesanoNay
CookExcusedMorinelloNay
CymbrowitzAyePalumboNay
TitusAyeGarbarinoExcused
O'DonnellAye
LavineAye
PerryExcused
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye

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A10610 Floor Votes:

There are no votes for this bill in this legislative session.
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A10610 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10610
 
                   IN ASSEMBLY
 
                                       May 9, 2018
                                       ___________
 
        Introduced  by M. of A. WEPRIN, MOSLEY, JOYNER, PEOPLES-STOKES, SKOUFIS,
          MORELLE, MAGNARELLI, CYMBROWITZ,  BENEDETTO  --  (at  request  of  the
          Governor)  --  read once and referred to the Committee on Governmental
          Operations
 
        AN ACT to amend the executive law, in relation to  preventing  discrimi-
          nation based on lawful source of income in housing

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and maybe cited as the
     2  "Lawful source of income non-discrimination act of 2018".
     3    § 2. Section 292 of the executive law  is  amended  by  adding  a  new
     4  subdivision 35 to read as follows:
     5    35.  The  term  "lawful  source  of  income" shall include, but not be
     6  limited to,  child  support,  alimony,  foster  care  subsidies,  income
     7  derived  from  Social  Security, or any form of federal, state, or local
     8  public assistance or housing assistance including, but not  limited  to,
     9  Section  8  vouchers, or any other form of housing assistance payment or
    10  credit whether or not such  income  or  credit  is  paid  or  attributed
    11  directly to a landlord, and other forms of lawful income.
    12    §  3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
    13  296 of the executive law, paragraphs (a), (b), and (c)  as  amended  and
    14  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
    15  to read as follows:
    16    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
    17  hold from any person or group of  persons  such  housing  accommodations
    18  because  of  the race, creed, color, disability, national origin, sexual
    19  orientation, military status, age, sex, marital status, lawful source of
    20  income, or familial status of such person or persons,  or  to  represent
    21  that  any housing accommodation or land is not available for inspection,
    22  sale, rental or lease when in fact it is so available.
    23    (b) To discriminate against any person because of  his  or  her  race,
    24  creed,  color, disability, national origin, sexual orientation, military
    25  status, age, sex, marital status, lawful source of  income  or  familial
    26  status  in  the terms, conditions or privileges of any publicly-assisted
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12058-01-8

        A. 10610                            2
 
     1  housing accommodations or in the furnishing of facilities or services in
     2  connection therewith.
     3    (c) To cause to be made any written or oral inquiry or record concern-
     4  ing  the  race, creed, color, disability, national origin, sexual orien-
     5  tation, membership in the reserve armed forces of the United  States  or
     6  in  the organized militia of the state, age, sex, marital status, lawful
     7  source of income or familial status of a person seeking to rent or lease
     8  any publicly-assisted housing  accommodation;  provided,  however,  that
     9  nothing in this subdivision shall prohibit a member of the reserve armed
    10  forces  of  the  United  States or in the organized militia of the state
    11  from voluntarily disclosing such membership.
    12    (c-1) To print or circulate or cause to be printed or  circulated  any
    13  statement,  advertisement or publication, or to use any form of applica-
    14  tion for the purchase, rental or lease of such housing accommodation  or
    15  to  make  any  record  or  inquiry  in  connection  with the prospective
    16  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    17  expresses,  directly  or  indirectly,  any  limitation, specification or
    18  discrimination as to race, creed, color, national origin, sexual  orien-
    19  tation,  military  status,  sex, age, disability, marital status, lawful
    20  source of income or familial status, or any  intent  to  make  any  such
    21  limitation, specification or discrimination.
    22    §  4.  Subparagraphs  1,  2 and 3 of paragraph (a) of subdivision 5 of
    23  section 296 of the executive law, as amended by chapter 106 of the  laws
    24  of 2003, are amended to read as follows:
    25    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    26  from any person or group of persons such a housing accommodation because
    27  of the race, creed, color, national origin, sexual orientation, military
    28  status, sex, age, disability, marital status, lawful source of income or
    29  familial  status  of  such  person  or persons, or to represent that any
    30  housing accommodation or land is not  available  for  inspection,  sale,
    31  rental or lease when in fact it is so available.
    32    (2)  To discriminate against any person because of race, creed, color,
    33  national origin, sexual orientation, military status, sex, age, disabil-
    34  ity, marital status, lawful source of income or familial status  in  the
    35  terms, conditions or privileges of the sale, rental or lease of any such
    36  housing  accommodation or in the furnishing of facilities or services in
    37  connection therewith.
    38    (3) To print or circulate or cause to be  printed  or  circulated  any
    39  statement,  advertisement or publication, or to use any form of applica-
    40  tion for the purchase, rental or lease of such housing accommodation  or
    41  to  make  any  record  or  inquiry  in  connection  with the prospective
    42  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    43  expresses,  directly  or  indirectly,  any  limitation, specification or
    44  discrimination as to race, creed, color, national origin, sexual  orien-
    45  tation,  military  status,  sex, age, disability, marital status, lawful
    46  source of income or familial status, or any  intent  to  make  any  such
    47  limitation, specification or discrimination.
    48    §  5.  Subparagraphs  1  and  2  of  paragraph (c) of subdivision 5 of
    49  section 296 of the executive law, as amended by chapter 106 of the  laws
    50  of 2003, are amended to read as follows:
    51    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    52  or commercial space to any person or group of persons or  to  refuse  to
    53  negotiate  for  the sale, rental or lease, of any housing accommodation,
    54  land or commercial space to any person or group of  persons  because  of
    55  the  race,  creed,  color, national origin, sexual orientation, military
    56  status, sex, age, disability, marital status, lawful source of income or

        A. 10610                            3
 
     1  familial status of such person or persons,  or  to  represent  that  any
     2  housing  accommodation,  land  or  commercial space is not available for
     3  inspection, sale, rental or lease when in fact it is  so  available,  or
     4  otherwise to deny or withhold any housing accommodation, land or commer-
     5  cial  space  or  any  facilities  of  any housing accommodation, land or
     6  commercial space from any person or group  of  persons  because  of  the
     7  race,  creed,  color,  national  origin,  sexual  orientation,  military
     8  status, sex, age, disability, marital status, lawful source of income or
     9  familial status of such person or persons.
    10    (2) To print or circulate or cause to be  printed  or  circulated  any
    11  statement,  advertisement or publication, or to use any form of applica-
    12  tion for the purchase, rental or lease  of  any  housing  accommodation,
    13  land  or commercial space or to make any record or inquiry in connection
    14  with the prospective purchase, rental or lease of any  housing  accommo-
    15  dation,  land or commercial space which expresses, directly or indirect-
    16  ly, any limitation, specification, or discrimination as to race,  creed,
    17  color,  national  origin, sexual orientation, military status, sex, age,
    18  disability, marital status, lawful source of income or familial  status;
    19  or  any  intent  to make any such limitation, specification or discrimi-
    20  nation.
    21    § 6. Paragraph (d) of subdivision 5 of section 296  of  the  executive
    22  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
    23  as follows:
    24    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    25  estate board, because of the race, creed, color, national origin, sexual
    26  orientation,  military  status,  age,  sex,  disability, marital status,
    27  lawful source of income or familial status  of  any  individual  who  is
    28  otherwise  qualified for membership, to exclude or expel such individual
    29  from membership, or to  discriminate  against  such  individual  in  the
    30  terms, conditions and privileges of membership in such board.
    31    §  7.  This  act  shall take effect immediately and shall apply to all
    32  causes of action filed on or after such effective date.
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