STATE OF NEW YORK
________________________________________________________________________
7280
2017-2018 Regular Sessions
IN ASSEMBLY
April 19, 2017
___________
Introduced by M. of A. BUCHWALD, PEOPLES-STOKES -- (at request of the
Division of Human Rights) -- read once and referred to the Committee
on Governmental 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. The closing paragraph of subparagraph 3 of paragraph (a) of
2 subdivision 5 of section 296 of the executive law, as amended by chapter
3 106 of the laws of 2003, is amended to read as follows:
4 (4) (i) The provisions of subparagraphs one and two of this paragraph
5 [(a)] shall not apply [(1)] to the rental of a housing accommodation in
6 a building which contains housing accommodations for not more than two
7 families living independently of each other, if the owner resides in one
8 of such housing accommodations[, (2) to the restriction of the rental of
9 all rooms in a housing accommodation to individuals of the same sex or
10 (3) to the rental of a room or rooms in a housing accommodation, if such
11 rental is by the occupant of the housing accommodation or by the owner
12 of the housing accommodation and the owner resides in such housing
13 accommodation or (4) solely with respect to age and familial status to
14 the restriction of the sale, rental or lease of housing accommodations
15 exclusively to persons sixty-two years of age or older and the spouse of
16 any such person, or for housing intended and operated for occupancy by
17 at least one person fifty-five years of age or older per unit. In deter-
18 mining whether housing is intended and operated for occupancy by persons
19 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10102-01-7
A. 7280 2
1 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
2 apply]. However, such rental property shall no longer be exempt from the
3 provisions of such subparagraphs one and two if there is unlawful
4 discriminatory conduct pursuant to subparagraph three of this paragraph.
5 (ii) The provisions of subparagraphs one, two and three of this para-
6 graph shall not apply (A) to the restriction of the rental of all rooms
7 in a housing accommodation to individuals of the same sex, (B) to the
8 rental of a room or rooms in a housing accommodation, if such rental is
9 by the occupant of the housing accommodation or by the owner of the
10 housing accommodation and the owner resides in such housing accommo-
11 dation, or (C) solely with respect to age and familial status to the
12 restriction of the sale, rental or lease of housing accommodations
13 exclusively to persons sixty-two years of age or older and the spouse of
14 any such person, or for housing intended and operated for occupancy by
15 at least one person fifty-five years of age or older per unit. In deter-
16 mining whether housing is intended and operated for occupancy by persons
17 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607
18 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
19 apply.
20 § 2. This act shall take effect immediately.
