STATE OF NEW YORK
________________________________________________________________________
6994
IN SENATE
April 19, 2012
___________
Introduced by Sens. GRISANTI, HASSELL-THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
AN ACT to amend the executive law, in relation to preventing housing
discrimination against victims of domestic violence; and to repeal
certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 34 of section 292 of the executive law is
2 REPEALED and a new subdivision 34 is added to read as follows:
3 34. The term "victim of domestic violence" shall have the same meaning
4 as is ascribed to such term by section four hundred fifty-nine-a of the
5 social services law.
6 § 2. Paragraph (a) of subdivision 2 of section 296 of the executive
7 law, as amended by chapter 106 of the laws of 2003, is amended to read
8 as follows:
9 (a) It shall be an unlawful discriminatory practice for any person,
10 being the owner, lessee, proprietor, manager, superintendent, agent or
11 employee of any place of public accommodation, resort or amusement,
12 because of the race, creed, color, national origin, sexual orientation,
13 military status, sex, [or] disability [or], marital status, or status as
14 a victim of domestic violence of any person, directly or indirectly, to
15 refuse, withhold from or deny to such person any of the accommodations,
16 advantages, facilities or privileges thereof, including the extension of
17 credit, or, directly or indirectly, to publish, circulate, issue,
18 display, post or mail any written or printed communication, notice or
19 advertisement, to the effect that any of the accommodations, advantages,
20 facilities and privileges of any such place shall be refused, withheld
21 from or denied to any person on account of race, creed, color, national
22 origin, sexual orientation, military status, sex, [or] disability [or],
23 marital status, or status as a victim of domestic violence, or that the
24 patronage or custom thereat of any person of or purporting to be of any
25 particular race, creed, color, national origin, sexual orientation,
26 military status, sex [or], marital status, or status as a victim of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06175-03-2
S. 6994 2
1 domestic violence, or having a disability is unwelcome, objectionable or
2 not acceptable, desired or solicited.
3 § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
4 296 of the executive law, paragraphs (a), (b) and (c) as amended and
5 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
6 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 status as a victim of domestic violence of such person or
12 persons, or to represent that any housing accommodation or land is not
13 available for inspection, sale, rental or lease when in fact it is so
14 available.
15 (b) To discriminate against any person because of his or her race,
16 creed, color, disability, national origin, sexual orientation, military
17 status, age, sex, marital status, [or] familial status, or status as a
18 victim of domestic violence in the terms, conditions or privileges of
19 any publicly-assisted housing accommodations or in the furnishing of
20 facilities or services in connection therewith.
21 (c) To cause to be made any written or oral inquiry or record concern-
22 ing the race, creed, color, disability, national origin, sexual orien-
23 tation, membership in the reserve armed forces of the United States or
24 in the organized militia of the state, age, sex, marital status, [or]
25 familial status, or status as a victim of domestic violence of a person
26 seeking to rent or lease any publicly-assisted housing accommodation;
27 provided, however, that nothing in this subdivision shall prohibit a
28 member of the reserve armed forces of the United States or in the organ-
29 ized militia of the state from voluntarily disclosing such membership.
30 (c-1) To print or circulate or cause to be printed or circulated any
31 statement, advertisement or publication, or to use any form of applica-
32 tion for the purchase, rental or lease of such housing accommodation or
33 to make any record or inquiry in connection with the prospective
34 purchase, rental or lease of such a housing accommodation which
35 expresses, directly or indirectly, any limitation, specification or
36 discrimination as to race, creed, color, national origin, sexual orien-
37 tation, military status, sex, age, disability, marital status, [or]
38 familial status, or status as a victim of domestic violence, or any
39 intent to make any such limitation, specification or discrimination.
40 § 4. Subdivisions 3-b and 4 of section 296 of the executive law, as
41 amended by chapter 106 of the laws of 2003, are amended to read as
42 follows:
43 3-b. It shall be an unlawful discriminatory practice for any real
44 estate broker, real estate salesperson or employee or agent thereof or
45 any other individual, corporation, partnership or organization for the
46 purpose of inducing a real estate transaction from which any such person
47 or any of its stockholders or members may benefit financially, to repre-
48 sent that a change has occurred or will or may occur in the composition
49 with respect to race, creed, color, national origin, sexual orientation,
50 military status, sex, disability, marital status, [or] familial status,
51 or status as a victim of domestic violence of the owners or occupants in
52 the block, neighborhood or area in which the real property is located,
53 and to represent, directly or indirectly, that this change will or may
54 result in undesirable consequences in the block, neighborhood or area in
55 which the real property is located, including but not limited to the
S. 6994 3
1 lowering of property values, an increase in criminal or anti-social
2 behavior, or a decline in the quality of schools or other facilities.
3 4. It shall be an unlawful discriminatory practice for an education
4 corporation or association which holds itself out to the public to be
5 non-sectarian and exempt from taxation pursuant to the provisions of
6 article four of the real property tax law to deny the use of its facili-
7 ties to any person otherwise qualified, or to permit the harassment of
8 any student or applicant, by reason of his race, color, religion, disa-
9 bility, national origin, sexual orientation, military status, sex, age
10 [or], marital status, or status as a victim of domestic violence, except
11 that any such institution which establishes or maintains a policy of
12 educating persons of one sex exclusively may admit students of only one
13 sex.
14 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296
15 of the executive law, as amended by chapter 106 of the laws of 2003, are
16 amended to read as follows:
17 (a) It shall be an unlawful discriminatory practice for the owner,
18 lessee, sub-lessee, assignee, or managing agent of, or other person
19 having the right to sell, rent or lease a housing accommodation,
20 constructed or to be constructed, or any agent or employee thereof:
21 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
22 from any person or group of persons such a housing accommodation because
23 of the race, creed, color, national origin, sexual orientation, military
24 status, sex, age, disability, marital status, [or] familial status, or
25 status as a victim of domestic violence of such person or persons, or to
26 represent that any housing accommodation or land is not available for
27 inspection, sale, rental or lease when in fact it is so available.
28 (2) To discriminate against any person because of race, creed, color,
29 national origin, sexual orientation, military status, sex, age, disabil-
30 ity, marital status, [or] familial status, or status as a victim of
31 domestic violence in the terms, conditions or privileges of the sale,
32 rental or lease of any such housing accommodation or in the furnishing
33 of facilities or services in connection therewith.
34 (3) To print or circulate or cause to be printed or circulated any
35 statement, advertisement or publication, or to use any form of applica-
36 tion for the purchase, rental or lease of such housing accommodation or
37 to make any record or inquiry in connection with the prospective
38 purchase, rental or lease of such a housing accommodation which
39 expresses, directly or indirectly, any limitation, specification or
40 discrimination as to race, creed, color, national origin, sexual orien-
41 tation, military status, sex, age, disability, marital status, [or]
42 familial status, or status as a victim of domestic violence, or any
43 intent to make any such limitation, specification or discrimination.
44 The provisions of this paragraph [(a)] shall not apply (1) to the
45 rental of a housing accommodation in a building which contains housing
46 accommodations for not more than two families living independently of
47 each other, if the owner resides in one of such housing accommodations,
48 (2) to the restriction of the rental of all rooms in a housing accommo-
49 dation to individuals of the same sex or (3) to the rental of a room or
50 rooms in a housing accommodation, if such rental is by the occupant of
51 the housing accommodation or by the owner of the housing accommodation
52 and the owner resides in such housing accommodation or (4) solely with
53 respect to age and familial status to the restriction of the sale,
54 rental or lease of housing accommodations exclusively to persons sixty-
55 two years of age or older and the spouse of any such person, or for
56 housing intended and operated for occupancy by at least one person
S. 6994 4
1 fifty-five years of age or older per unit. In determining whether hous-
2 ing is intended and operated for occupancy by persons fifty-five years
3 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
4 federal Fair Housing Act of 1988, as amended, shall apply.
5 (b) It shall be an unlawful discriminatory practice for the owner,
6 lessee, sub-lessee, or managing agent of, or other person having the
7 right of ownership or possession of or the right to sell, rent or lease,
8 land or commercial space:
9 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
10 from any person or group of persons land or commercial space because of
11 the race, creed, color, national origin, sexual orientation, military
12 status, sex, age, disability, marital status, [or] familial status, or
13 status as a victim of domestic violence of such person or persons, or to
14 represent that any housing accommodation or land is not available for
15 inspection, sale, rental or lease when in fact it is so available;
16 (2) To discriminate against any person because of race, creed, color,
17 national origin, sexual orientation, military status, sex, age, disabil-
18 ity, marital status, [or] familial status, or status as a victim of
19 domestic violence in the terms, conditions or privileges of the sale,
20 rental or lease of any such land or commercial space; or in the furnish-
21 ing of facilities or services in connection therewith;
22 (3) To print or circulate or cause to be printed or circulated any
23 statement, advertisement or publication, or to use any form of applica-
24 tion for the purchase, rental or lease of such land or commercial space
25 or to make any record or inquiry in connection with the prospective
26 purchase, rental or lease of such land or commercial space which
27 expresses, directly or indirectly, any limitation, specification or
28 discrimination as to race, creed, color, national origin, sexual orien-
29 tation, military status, sex, age, disability, marital status, [or]
30 familial status, or status as a victim of domestic violence; or any
31 intent to make any such limitation, specification or discrimination.
32 (4) With respect to age and familial status, the provisions of this
33 paragraph shall not apply to the restriction of the sale, rental or
34 lease of land or commercial space exclusively to persons fifty-five
35 years of age or older and the spouse of any such person, or to the
36 restriction of the sale, rental or lease of land to be used for the
37 construction, or location of housing accommodations exclusively for
38 persons sixty-two years of age or older, or intended and operated for
39 occupancy by at least one person fifty-five years of age or older per
40 unit. In determining whether housing is intended and operated for occu-
41 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
42 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
43 amended, shall apply.
44 (c) It shall be an unlawful discriminatory practice for any real
45 estate broker, real estate salesperson or employee or agent thereof:
46 (1) To refuse to sell, rent or lease any housing accommodation, land
47 or commercial space to any person or group of persons or to refuse to
48 negotiate for the sale, rental or lease, of any housing accommodation,
49 land or commercial space to any person or group of persons because of
50 the race, creed, color, national origin, sexual orientation, military
51 status, sex, age, disability, marital status, [or] familial status, or
52 status as a victim of domestic violence of such person or persons, or to
53 represent that any housing accommodation, land or commercial space is
54 not available for inspection, sale, rental or lease when in fact it is
55 so available, or otherwise to deny or withhold any housing accommo-
56 dation, land or commercial space or any facilities of any housing accom-
S. 6994 5
1 modation, land or commercial space from any person or group of persons
2 because of the race, creed, color, national origin, sexual orientation,
3 military status, sex, age, disability, marital status, [or] familial
4 status, or status as a victim of domestic violence of such person or
5 persons.
6 (2) To print or circulate or cause to be printed or circulated any
7 statement, advertisement or publication, or to use any form of applica-
8 tion for the purchase, rental or lease of any housing accommodation,
9 land or commercial space or to make any record or inquiry in connection
10 with the prospective purchase, rental or lease of any housing accommo-
11 dation, land or commercial space which expresses, directly or indirect-
12 ly, any limitation, specification, or discrimination as to race, creed,
13 color, national origin, sexual orientation, military status, sex, age,
14 disability, marital status, [or] familial status, or status as a victim
15 of domestic violence; or any intent to make any such limitation, spec-
16 ification or discrimination.
17 (3) With respect to age and familial status, the provisions of this
18 paragraph shall not apply to the restriction of the sale, rental or
19 lease of any land or commercial space exclusively to persons fifty-five
20 years of age or older and the spouse of any such person, or to the
21 restriction of the sale, rental or lease of any housing accommodation or
22 land to be used for the construction or location of housing accommo-
23 dations for persons sixty-two years of age or older, or intended and
24 operated for occupancy by at least one person fifty-five years of age or
25 older per unit. In determining whether housing is intended and operated
26 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
27 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
28 1988, as amended, shall apply.
29 (d) It shall be an unlawful discriminatory practice for any real
30 estate board, because of the race, creed, color, national origin, sexual
31 orientation, military status, age, sex, disability, marital status, [or]
32 familial status, or status as a victim of domestic violence of any indi-
33 vidual who is otherwise qualified for membership, to exclude or expel
34 such individual from membership, or to discriminate against such indi-
35 vidual in the terms, conditions and privileges of membership in such
36 board.
37 § 6. Section 296 of the executive law is amended by adding a new
38 subdivision 22 to read as follows:
39 22. No provision of this section shall be construed to prohibit an
40 owner, lessee, sublessee, assignee, or managing agent of any housing
41 accommodation, public or private, or other person having the right of
42 ownership or possession of or the right to rent or lease such an accom-
43 modation, from making any inquiry or obtaining or retaining information
44 about an individual's domestic violence victim status solely for the
45 purpose of:
46 (a) providing or preserving residency in any public or private housing
47 for that victim of domestic violence;
48 (b) providing any other assistance to a victim of domestic violence,
49 the purpose of which is to assist rather than to hinder obtaining or
50 retaining any public or private housing; or
51 (c) responding to an inquiry or request by an applicant, tenant, or
52 leaseholder who is a victim of domestic violence.
53 § 7. This act shall take effect on the ninetieth day after it shall
54 have become a law.
