- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S08417 Summary:
BILL NO | S08417B |
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SAME AS | SAME AS A09601-B |
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SPONSOR | PERSAUD |
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COSPNSR | ADDABBO, GAUGHRAN |
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MLTSPNSR | |
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Amd §§296, 296-a & 296-c, Exec L | |
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Prohibits discrimination based on status as a victim of domestic violence. |
S08417 Actions:
BILL NO | S08417B | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/28/2022 | REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
03/29/2022 | AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
03/29/2022 | PRINT NUMBER 8417A | |||||||||||||||||||||||||||||||||||||||||||||||||
04/04/2022 | AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
04/04/2022 | PRINT NUMBER 8417B | |||||||||||||||||||||||||||||||||||||||||||||||||
04/25/2022 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
04/25/2022 | ORDERED TO THIRD READING CAL.757 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2022 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2022 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2022 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2022 | substituted for a9601b | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2022 | ordered to third reading rules cal.91 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2022 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2022 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2022 | SIGNED CHAP.202 |
S08417 Committee Votes:
Go to topS08417 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Friend
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Abinanti
Yes
Colton
ER
Frontus
Yes
Kim
Yes
Palmesano
Yes
Smith
Yes
Anderson
Yes
Conrad
Yes
Galef
Yes
Lalor
Yes
Paulin
Yes
Smullen
Yes
Angelino
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
Yes
Ashby
Yes
Cruz
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Aubry
Yes
Cunningham
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Barclay
Yes
Cusick
Yes
Gibbs
Yes
Lucas
Yes
Quart
Yes
Stirpe
Yes
Barnwell
Yes
Cymbrowitz
Yes
Giglio JA
Yes
Lunsford
Yes
Ra
Yes
Tague
Yes
Barrett
Yes
Darling
Yes
Giglio JM
Yes
Lupardo
Yes
Rajkumar
Yes
Tannousis
Yes
Benedetto
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
ER
Bichotte Hermel
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Blankenbush
Yes
DeStefano
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Brabenec
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
Dilan
Yes
Griffin
Yes
McDonough
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Dinowitz
Yes
Gunther
Yes
McMahon
Yes
Rosenthal D
Yes
Walker
Yes
Brown E
Yes
DiPietro
Yes
Hawley
Yes
Meeks
Yes
Rosenthal L
Yes
Wallace
Yes
Brown K
Yes
Durso
Yes
Hevesi
Yes
Mikulin
Yes
Rozic
Yes
Walsh
Yes
Burdick
Yes
Eichenstein
Yes
Hunter
Yes
Miller
Yes
Salka
Yes
Weinstein
Yes
Burgos
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
Yes
Santabarbara
Yes
Weprin
Yes
Burke
Yes
Epstein
Yes
Jackson
Yes
Montesano
Yes
Sayegh
Yes
Williams
Yes
Buttenschon
Yes
Fahy
Yes
Jacobson
Yes
Morinello
Yes
Schmitt
Yes
Woerner
Yes
Byrne
ER
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Byrnes
Yes
Fernandez
Yes
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Cahill
Yes
Fitzpatrick
Yes
Jones
Yes
Norris
Yes
Sillitti
Yes
Mr. Speaker
Yes
Carroll
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
‡ Indicates voting via videoconference
S08417 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8417--B IN SENATE February 28, 2022 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to prohibiting discrimi- nation based on status as a victim of domestic violence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 296 of the executive law, as 2 amended by chapter 365 of the laws of 2015, paragraphs (a), (b), (c) and 3 (d) as amended by chapter 8 of the laws of 2019, paragraph (h) as 4 amended by chapter 161 of the laws of 2019, paragraph (a) as separately 5 amended by chapter 176 of the laws of 2019, is amended to read as 6 follows: 7 1. It shall be an unlawful discriminatory practice: 8 (a) For an employer or licensing agency, because of an individual's 9 age, race, creed, color, national origin, sexual orientation, gender 10 identity or expression, military status, sex, disability, predisposing 11 genetic characteristics, familial status, marital status, or status as a 12 victim of domestic violence, to refuse to hire or employ or to bar or to 13 discharge from employment such individual or to discriminate against 14 such individual in compensation or in terms, conditions or privileges of 15 employment. 16 (b) For an employment agency to discriminate against any individual 17 because of age, race, creed, color, national origin, sexual orientation, 18 gender identity or expression, military status, sex, disability, predis- 19 posing genetic characteristics, familial status, [or] marital status, or 20 status as a victim of domestic violence, in receiving, classifying, 21 disposing or otherwise acting upon applications for its services or in 22 referring an applicant or applicants to an employer or employers. 23 (c) For a labor organization, because of the age, race, creed, color, 24 national origin, sexual orientation, gender identity or expression, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14828-06-2S. 8417--B 2 1 military status, sex, disability, predisposing genetic characteristics, 2 familial status, [or] marital status, or status as a victim of domestic 3 violence, of any individual, to exclude or to expel from its membership 4 such individual or to discriminate in any way against any of its members 5 or against any employer or any individual employed by an employer. 6 (d) For any employer or employment agency to print or circulate or 7 cause to be printed or circulated any statement, advertisement or publi- 8 cation, or to use any form of application for employment or to make any 9 inquiry in connection with prospective employment, which expresses 10 directly or indirectly, any limitation, specification or discrimination 11 as to age, race, creed, color, national origin, sexual orientation, 12 gender identity or expression, military status, sex, disability, predis- 13 posing genetic characteristics, familial status, [or] marital status, or 14 status as a victim of domestic violence, or any intent to make any such 15 limitation, specification or discrimination, unless based upon a bona 16 fide occupational qualification; provided, however, that neither this 17 paragraph nor any provision of this chapter or other law shall be 18 construed to prohibit the department of civil service or the department 19 of personnel of any city containing more than one county from requesting 20 information from applicants for civil service examinations concerning 21 any of the aforementioned characteristics, other than sexual orien- 22 tation, for the purpose of conducting studies to identify and resolve 23 possible problems in recruitment and testing of members of minority 24 groups to [insure] ensure the fairest possible and equal opportunities 25 for employment in the civil service for all persons, regardless of age, 26 race, creed, color, national origin, sexual orientation or gender iden- 27 tity or expression, military status, sex, disability, predisposing 28 genetic characteristics, familial status, or marital status. 29 (e) For any employer, labor organization or employment agency to 30 discharge, expel or otherwise discriminate against any person because he 31 or she has opposed any practices forbidden under this article or because 32 he or she has filed a complaint, testified or assisted in any proceeding 33 under this article. 34 (f) Nothing in this subdivision shall affect any restrictions upon the 35 activities of persons licensed by the state liquor authority with 36 respect to persons under twenty-one years of age. 37 (g) For an employer to compel an employee who is pregnant to take a 38 leave of absence, unless the employee is prevented by such pregnancy 39 from performing the activities involved in the job or occupation in a 40 reasonable manner. 41 (h) For an employer, licensing agency, employment agency or labor 42 organization to subject any individual to harassment because of an indi- 43 vidual's age, race, creed, color, national origin, sexual orientation, 44 gender identity or expression, military status, sex, disability, predis- 45 posing genetic characteristics, familial status, marital status, status 46 as a victim of domestic violence [victim status], or because the indi- 47 vidual has opposed any practices forbidden under this article or because 48 the individual has filed a complaint, testified or assisted in any 49 proceeding under this article, regardless of whether such harassment 50 would be considered severe or pervasive under precedent applied to 51 harassment claims. Such harassment is an unlawful discriminatory prac- 52 tice when it subjects an individual to inferior terms, conditions or 53 privileges of employment because of the individual's membership in one 54 or more of these protected categories. The fact that such individual did 55 not make a complaint about the harassment to such employer, licensing 56 agency, employment agency or labor organization shall not be determina-S. 8417--B 3 1 tive of whether such employer, licensing agency, employment agency or 2 labor organization shall be liable. Nothing in this section shall imply 3 that an employee must demonstrate the existence of an individual to whom 4 the employee's treatment must be compared. It shall be an affirmative 5 defense to liability under this subdivision that the harassing conduct 6 does not rise above the level of what a reasonable victim of discrimi- 7 nation with the same protected characteristic or characteristics would 8 consider petty slights or trivial inconveniences. 9 § 2. Subdivision 1-a of section 296 of the executive law, as amended 10 by chapter 365 of the laws of 2015, paragraphs (b), (c) and (d) as 11 amended by chapter 8 of the laws of 2019, is amended to read as follows: 12 1-a. It shall be an unlawful discriminatory practice for an employer, 13 labor organization, employment agency or any joint labor-management 14 committee controlling apprentice training programs: 15 (a) To select persons for an apprentice training program registered 16 with the state of New York on any basis other than their qualifications, 17 as determined by objective criteria which permit review; 18 (b) To deny to or withhold from any person because of race, creed, 19 color, national origin, sexual orientation, gender identity or 20 expression, military status, sex, age, disability, familial status, [or] 21 marital status, or status as a victim of domestic violence, the right to 22 be admitted to or participate in a guidance program, an apprenticeship 23 training program, on-the-job training program, executive training 24 program, or other occupational training or retraining program; 25 (c) To discriminate against any person in his or her pursuit of such 26 programs or to discriminate against such a person in the terms, condi- 27 tions or privileges of such programs because of race, creed, color, 28 national origin, sexual orientation, gender identity or expression, 29 military status, sex, age, disability, familial status [or], marital 30 status, or status as a victim of domestic violence; 31 (d) To print or circulate or cause to be printed or circulated any 32 statement, advertisement or publication, or to use any form of applica- 33 tion for such programs or to make any inquiry in connection with such 34 program which expresses, directly or indirectly, any limitation, spec- 35 ification or discrimination as to race, creed, color, national origin, 36 sexual orientation, gender identity or expression, military status, sex, 37 age, disability, familial status [or], marital status, or status as a 38 victim of domestic violence, or any intention to make any such limita- 39 tion, specification or discrimination, unless based on a bona fide occu- 40 pational qualification. 41 § 3. Paragraph (a) of subdivision 2 of section 296 of the executive 42 law, as amended by chapter 8 of the laws of 2019, is amended to read as 43 follows: 44 (a) It shall be an unlawful discriminatory practice for any person, 45 being the owner, lessee, proprietor, manager, superintendent, agent or 46 employee of any place of public accommodation, resort or amusement, 47 because of the race, creed, color, national origin, sexual orientation, 48 gender identity or expression, military status, sex, disability [or], 49 marital status, or status as a victim of domestic violence, of any 50 person, directly or indirectly, to refuse, withhold from or deny to such 51 person any of the accommodations, advantages, facilities or privileges 52 thereof, including the extension of credit, or, directly or indirectly, 53 to publish, circulate, issue, display, post or mail any written or 54 printed communication, notice or advertisement, to the effect that any 55 of the accommodations, advantages, facilities and privileges of any such 56 place shall be refused, withheld from or denied to any person on accountS. 8417--B 4 1 of race, creed, color, national origin, sexual orientation, gender iden- 2 tity or expression, military status, sex, disability or marital status, 3 or that the patronage or custom thereat of any person of or purporting 4 to be of any particular race, creed, color, national origin, sexual 5 orientation, gender identity or expression, military status, sex or 6 marital status, or having a disability is unwelcome, objectionable or 7 not acceptable, desired or solicited. 8 § 4. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 9 296 of the executive law, as amended by section 3 of part T of chapter 10 56 of the laws of 2019, are amended to read as follows: 11 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 12 hold from any person or group of persons such housing accommodations 13 because of the race, creed, color, disability, national origin, sexual 14 orientation, gender identity or expression, military status, age, sex, 15 marital status, status as a victim of domestic violence, lawful source 16 of income or familial status of such person or persons, or to represent 17 that any housing accommodation or land is not available for inspection, 18 sale, rental or lease when in fact it is so available. 19 (b) To discriminate against any person because of his or her race, 20 creed, color, disability, national origin, sexual orientation, gender 21 identity or expression, military status, age, sex, marital status, 22 status as a victim of domestic violence, lawful source of income or 23 familial status in the terms, conditions or privileges of any publicly- 24 assisted housing accommodations or in the furnishing of facilities or 25 services in connection therewith. 26 (c) To cause to be made any written or oral inquiry or record concern- 27 ing the race, creed, color, disability, national origin, sexual orien- 28 tation, gender identity or expression, membership in the reserve armed 29 forces of the United States or in the organized militia of the state, 30 age, sex, marital status, status as a victim of domestic violence, 31 lawful source of income or familial status of a person seeking to rent 32 or lease any publicly-assisted housing accommodation; provided, however, 33 that nothing in this subdivision shall prohibit a member of the reserve 34 armed forces of the United States or in the organized militia of the 35 state from voluntarily disclosing such membership. 36 (c-1) To print or circulate or cause to be printed or circulated any 37 statement, advertisement or publication, or to use any form of applica- 38 tion for the purchase, rental or lease of such housing accommodation or 39 to make any record or inquiry in connection with the prospective 40 purchase, rental or lease of such a housing accommodation which 41 expresses, directly or indirectly, any limitation, specification or 42 discrimination as to race, creed, color, national origin, sexual orien- 43 tation, gender identity or expression, military status, sex, age, disa- 44 bility, marital status, status as a victim of domestic violence, lawful 45 source of income or familial status, or any intent to make any such 46 limitation, specification or discrimination. 47 § 5. Subdivisions 3-b and 4 of section 296 of the executive law, as 48 amended by chapter 8 of the laws of 2019, subdivision 4 as separately 49 amended by chapter 116 of the laws of 2019, are amended to read as 50 follows: 51 3-b. It shall be an unlawful discriminatory practice for any real 52 estate broker, real estate salesperson or employee or agent thereof or 53 any other individual, corporation, partnership or organization for the 54 purpose of inducing a real estate transaction from which any such person 55 or any of its stockholders or members may benefit financially, to repre- 56 sent that a change has occurred or will or may occur in the compositionS. 8417--B 5 1 with respect to race, creed, color, national origin, sexual orientation, 2 gender identity or expression, military status, sex, disability, marital 3 status, status as a victim of domestic violence, or familial status of 4 the owners or occupants in the block, neighborhood or area in which the 5 real property is located, and to represent, directly or indirectly, that 6 this change will or may result in undesirable consequences in the block, 7 neighborhood or area in which the real property is located, including 8 but not limited to the lowering of property values, an increase in crim- 9 inal or anti-social behavior, or a decline in the quality of schools or 10 other facilities. 11 4. It shall be an unlawful discriminatory practice for an educational 12 institution to deny the use of its facilities to any person otherwise 13 qualified, or to permit the harassment of any student or applicant, by 14 reason of his race, color, religion, disability, national origin, sexual 15 orientation, gender identity or expression, military status, sex, age 16 [or], marital status, or status as a victim of domestic violence, except 17 that any such institution which establishes or maintains a policy of 18 educating persons of one sex exclusively may admit students of only one 19 sex. 20 § 6. Subdivision 5 of section 296 of the executive law, as amended by 21 chapter 8 of the laws of 2019, paragraph (a) as amended by chapter 300 22 of the laws of 2021, subparagraphs 1 and 2 of paragraph (c) as amended 23 by section 5 and paragraph (d) as amended by section 6 of part T of 24 chapter 56 of the laws of 2019, is amended to read as follows: 25 5. (a) It shall be an unlawful discriminatory practice for the owner, 26 lessee, sub-lessee, assignee, or managing agent of, or other person 27 having the right to sell, rent or lease a housing accommodation, 28 constructed or to be constructed, or any agent or employee thereof: 29 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 30 from any person or group of persons such a housing accommodation because 31 of the race, creed, color, national origin, sexual orientation, gender 32 identity or expression, military status, sex, age, disability, marital 33 status, status as a victim of domestic violence, lawful source of income 34 or familial status of such person or persons, or to represent that any 35 housing accommodation or land is not available for inspection, sale, 36 rental or lease when in fact it is so available. 37 (2) To discriminate against any person because of race, creed, color, 38 national origin, sexual orientation, gender identity or expression, 39 military status, sex, age, disability, marital status, status as a 40 victim of domestic violence, lawful source of income or familial status 41 in the terms, conditions or privileges of the sale, rental or lease of 42 any such housing accommodation or in the furnishing of facilities or 43 services in connection therewith. 44 (3) To print or circulate or cause to be printed or circulated any 45 statement, advertisement or publication, or to use any form of applica- 46 tion for the purchase, rental or lease of such housing accommodation or 47 to make any record or inquiry in connection with the prospective 48 purchase, rental or lease of such a housing accommodation which 49 expresses, directly or indirectly, any limitation, specification or 50 discrimination as to race, creed, color, national origin, sexual orien- 51 tation, gender identity or expression, military status, sex, age, disa- 52 bility, marital status, status as a victim of domestic violence, lawful 53 source of income or familial status, or any intent to make any such 54 limitation, specification or discrimination. 55 (4) (i) The provisions of subparagraphs one and two of this paragraph 56 shall not apply (1) to the rental of a housing accommodation in a build-S. 8417--B 6 1 ing which contains housing accommodations for not more than two families 2 living independently of each other, if the owner resides in one of such 3 housing accommodations, (2) to the restriction of the rental of all 4 rooms in a housing accommodation to individuals of the same sex or (3) 5 to the rental of a room or rooms in a housing accommodation, if such 6 rental is by the occupant of the housing accommodation or by the owner 7 of the housing accommodation and the owner resides in such housing 8 accommodation or (4) solely with respect to age and familial status to 9 the restriction of the sale, rental or lease of housing accommodations 10 exclusively to persons sixty-two years of age or older and the spouse of 11 any such person, or for housing intended and operated for occupancy by 12 at least one person fifty-five years of age or older per unit. In deter- 13 mining whether housing is intended and operated for occupancy by persons 14 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 15 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 16 apply. However, such rental property shall no longer be exempt from the 17 provisions of subparagraphs one and two of this paragraph if there is 18 unlawful discriminatory conduct pursuant to subparagraph three of this 19 paragraph. 20 (ii) The provisions of subparagraphs one, two, and three of this para- 21 graph shall not apply (1) to the restriction of the rental of all rooms 22 in a housing accommodation to individuals of the same sex, (2) to the 23 rental of a room or rooms in a housing accommodation, if such rental is 24 by the occupant of the housing accommodation or by the owner of the 25 housing accommodation and the owner resides in such housing accommo- 26 dation, or (3) solely with respect to age and familial status to the 27 restriction of the sale, rental or lease of housing accommodations 28 exclusively to persons sixty-two years of age or older and the spouse of 29 any such person, or for housing intended and operated for occupancy by 30 at least one person fifty-five years of age or older per unit. In deter- 31 mining whether housing is intended and operated for occupancy by persons 32 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 33 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 34 apply. 35 (b) It shall be an unlawful discriminatory practice for the owner, 36 lessee, sub-lessee, or managing agent of, or other person having the 37 right of ownership or possession of or the right to sell, rent or lease, 38 land or commercial space: 39 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 40 from any person or group of persons land or commercial space because of 41 the race, creed, color, national origin, sexual orientation, gender 42 identity or expression, military status, sex, age, disability, marital 43 status, status as a victim of domestic violence, or familial status of 44 such person or persons, or to represent that any housing accommodation 45 or land is not available for inspection, sale, rental or lease when in 46 fact it is so available; 47 (2) To discriminate against any person because of race, creed, color, 48 national origin, sexual orientation, gender identity or expression, 49 military status, sex, age, disability, marital status, status as a 50 victim of domestic violence, or familial status in the terms, conditions 51 or privileges of the sale, rental or lease of any such land or commer- 52 cial space; or in the furnishing of facilities or services in connection 53 therewith; 54 (3) To print or circulate or cause to be printed or circulated any 55 statement, advertisement or publication, or to use any form of applica- 56 tion for the purchase, rental or lease of such land or commercial spaceS. 8417--B 7 1 or to make any record or inquiry in connection with the prospective 2 purchase, rental or lease of such land or commercial space which 3 expresses, directly or indirectly, any limitation, specification or 4 discrimination as to race, creed, color, national origin, sexual orien- 5 tation, gender identity or expression, military status, sex, age, disa- 6 bility, marital status, status as a victim of domestic violence, or 7 familial status; or any intent to make any such limitation, specifica- 8 tion or discrimination. 9 (4) With respect to age and familial status, the provisions of this 10 paragraph shall not apply to the restriction of the sale, rental or 11 lease of land or commercial space exclusively to persons fifty-five 12 years of age or older and the spouse of any such person, or to the 13 restriction of the sale, rental or lease of land to be used for the 14 construction, or location of housing accommodations exclusively for 15 persons sixty-two years of age or older, or intended and operated for 16 occupancy by at least one person fifty-five years of age or older per 17 unit. In determining whether housing is intended and operated for occu- 18 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 19 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 20 amended, shall apply. 21 (c) It shall be an unlawful discriminatory practice for any real 22 estate broker, real estate salesperson or employee or agent thereof: 23 (1) To refuse to sell, rent or lease any housing accommodation, land 24 or commercial space to any person or group of persons or to refuse to 25 negotiate for the sale, rental or lease, of any housing accommodation, 26 land or commercial space to any person or group of persons because of 27 the race, creed, color, national origin, sexual orientation, gender 28 identity or expression, military status, sex, age, disability, marital 29 status, status as a victim of domestic violence, lawful source of income 30 or familial status of such person or persons, or to represent that any 31 housing accommodation, land or commercial space is not available for 32 inspection, sale, rental or lease when in fact it is so available, or 33 otherwise to deny or withhold any housing accommodation, land or commer- 34 cial space or any facilities of any housing accommodation, land or 35 commercial space from any person or group of persons because of the 36 race, creed, color, national origin, sexual orientation, gender identity 37 or expression, military status, sex, age, disability, marital status, 38 lawful source of income or familial status of such person or persons. 39 (2) To print or circulate or cause to be printed or circulated any 40 statement, advertisement or publication, or to use any form of applica- 41 tion for the purchase, rental or lease of any housing accommodation, 42 land or commercial space or to make any record or inquiry in connection 43 with the prospective purchase, rental or lease of any housing accommo- 44 dation, land or commercial space which expresses, directly or indirect- 45 ly, any limitation, specification, or discrimination as to race, creed, 46 color, national origin, sexual orientation, gender identity or 47 expression, military status, sex, age, disability, marital status, 48 status as a victim of domestic violence, lawful source of income or 49 familial status; or any intent to make any such limitation, specifica- 50 tion or discrimination. 51 (3) With respect to age and familial status, the provisions of this 52 paragraph shall not apply to the restriction of the sale, rental or 53 lease of any housing accommodation, land or commercial space exclusively 54 to persons fifty-five years of age or older and the spouse of any such 55 person, or to the restriction of the sale, rental or lease of any hous- 56 ing accommodation or land to be used for the construction or location ofS. 8417--B 8 1 housing accommodations for persons sixty-two years of age or older, or 2 intended and operated for occupancy by at least one person fifty-five 3 years of age or older per unit. In determining whether housing is 4 intended and operated for occupancy by persons fifty-five years of age 5 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 6 federal Fair Housing Act of 1988, as amended, shall apply. 7 (d) It shall be an unlawful discriminatory practice for any real 8 estate board, because of the race, creed, color, national origin, sexual 9 orientation, gender identity or expression, military status, age, sex, 10 disability, marital status, status as a victim of domestic violence, 11 lawful source of income or familial status of any individual who is 12 otherwise qualified for membership, to exclude or expel such individual 13 from membership, or to discriminate against such individual in the 14 terms, conditions and privileges of membership in such board. 15 (e) It shall be an unlawful discriminatory practice for the owner, 16 proprietor or managing agent of, or other person having the right to 17 provide care and services in, a private proprietary nursing home, conva- 18 lescent home, or home for adults, or an intermediate care facility, as 19 defined in section two of the social services law, heretofore 20 constructed, or to be constructed, or any agent or employee thereof, to 21 refuse to provide services and care in such home or facility to any 22 individual or to discriminate against any individual in the terms, 23 conditions, and privileges of such services and care solely because such 24 individual is a blind person. For purposes of this paragraph, a "blind 25 person" shall mean a person who is registered as a blind person with the 26 commission for the visually handicapped and who meets the definition of 27 a "blind person" pursuant to section three of chapter four hundred 28 fifteen of the laws of nineteen hundred thirteen entitled "An act to 29 establish a state commission for improving the condition of the blind of 30 the state of New York, and making an appropriation therefor". 31 (f) The provisions of this subdivision, as they relate to age, shall 32 not apply to persons under the age of eighteen years. 33 (g) It shall be an unlawful discriminatory practice for any person 34 offering or providing housing accommodations, land or commercial space 35 as described in paragraphs (a), (b), and (c) of this subdivision to make 36 or cause to be made any written or oral inquiry or record concerning 37 membership of any person in the state organized militia in relation to 38 the purchase, rental or lease of such housing accommodation, land, or 39 commercial space, provided, however, that nothing in this subdivision 40 shall prohibit a member of the state organized militia from voluntarily 41 disclosing such membership. 42 § 7. Paragraph (a) of subdivision 9 of section 296 of the executive 43 law, as amended by chapter 8 of the laws of 2019, is amended to read as 44 follows: 45 (a) It shall be an unlawful discriminatory practice for any fire 46 department or fire company therein, through any member or members there- 47 of, officers, board of fire commissioners or other body or office having 48 power of appointment of volunteer firefighters, directly or indirectly, 49 by ritualistic practice, constitutional or by-law prescription, by tacit 50 agreement among its members, or otherwise, to deny to any individual 51 membership in any volunteer fire department or fire company therein, or 52 to expel or discriminate against any volunteer member of a fire depart- 53 ment or fire company therein, because of the race, creed, color, 54 national origin, sexual orientation, gender identity or expression, 55 military status, sex, marital status, status as a victim of domestic 56 violence, or familial status, of such individual.S. 8417--B 9 1 § 8. Subdivision 13 of section 296 of the executive law, as amended by 2 chapter 8 of the laws of 2019, is amended to read as follows: 3 13. It shall be an unlawful discriminatory practice (i) for any person 4 to boycott or blacklist, or to refuse to buy from, sell to or trade 5 with, or otherwise discriminate against any person, because of the race, 6 creed, color, national origin, sexual orientation, gender identity or 7 expression, military status, sex, status as a victim of domestic 8 violence, disability, or familial status, or of such person, or of such 9 person's partners, members, stockholders, directors, officers, managers, 10 superintendents, agents, employees, business associates, suppliers or 11 customers, or (ii) for any person wilfully to do any act or refrain from 12 doing any act which enables any such person to take such action. This 13 subdivision shall not apply to: 14 (a) Boycotts connected with labor disputes; or 15 (b) Boycotts to protest unlawful discriminatory practices. 16 § 9. Subdivisions 1, 2 and 3 of section 296-a of the executive law, as 17 amended by chapter 8 of the laws of 2019, are amended to read as 18 follows: 19 1. It shall be an unlawful discriminatory practice for any creditor or 20 any officer, agent or employee thereof: 21 a. In the case of applications for credit with respect to the 22 purchase, acquisition, construction, rehabilitation, repair or mainte- 23 nance of any housing accommodation, land or commercial space to discrim- 24 inate against any such applicant because of the race, creed, color, 25 national origin, sexual orientation, gender identity or expression, 26 military status, age, sex, marital status, status as a victim of domes- 27 tic violence, disability, or familial status of such applicant or appli- 28 cants or any member, stockholder, director, officer or employee of such 29 applicant or applicants, or of the prospective occupants or tenants of 30 such housing accommodation, land or commercial space, in the granting, 31 withholding, extending or renewing, or in the fixing of the rates, terms 32 or conditions of, any such credit; 33 b. To discriminate in the granting, withholding, extending or renew- 34 ing, or in the fixing of the rates, terms or conditions of, any form of 35 credit, on the basis of race, creed, color, national origin, sexual 36 orientation, gender identity or expression, military status, age, sex, 37 marital status, status as a victim of domestic violence, disability, or 38 familial status; 39 c. To use any form of application for credit or use or make any record 40 or inquiry which expresses, directly or indirectly, any limitation, 41 specification, or discrimination as to race, creed, color, national 42 origin, sexual orientation, gender identity or expression, military 43 status, age, sex, marital status, status as a victim of domestic 44 violence, disability, or familial status; 45 d. To make any inquiry of an applicant concerning his or her capacity 46 to reproduce, or his or her use or advocacy of any form of birth control 47 or family planning; 48 e. To refuse to consider sources of an applicant's income or to 49 subject an applicant's income to discounting, in whole or in part, 50 because of an applicant's race, creed, color, national origin, sexual 51 orientation, gender identity or expression, military status, age, sex, 52 marital status, status as a victim of domestic violence, childbearing 53 potential, disability, or familial status; 54 f. To discriminate against a married person because such person 55 neither uses nor is known by the surname of his or her spouse.S. 8417--B 10 1 This paragraph shall not apply to any situation where the use of a 2 surname would constitute or result in a criminal act. 3 2. Without limiting the generality of subdivision one of this section, 4 it shall be considered discriminatory if, because of an applicant's or 5 class of applicants' race, creed, color, national origin, sexual orien- 6 tation, gender identity or expression, military status, age, sex, mari- 7 tal status [or], status as a victim of domestic violence, disability, or 8 familial status, (i) an applicant or class of applicants is denied cred- 9 it in circumstances where other applicants of like overall credit 10 worthiness are granted credit, or (ii) special requirements or condi- 11 tions, such as requiring co-obligors or reapplication upon marriage, are 12 imposed upon an applicant or class of applicants in circumstances where 13 similar requirements or conditions are not imposed upon other applicants 14 of like overall credit worthiness. 15 3. It shall not be considered discriminatory if credit differen- 16 tiations or decisions are based upon factually supportable, objective 17 differences in applicants' overall credit worthiness, which may include 18 reference to such factors as current income, assets and prior credit 19 history of such applicants, as well as reference to any other relevant 20 factually supportable data; provided, however, that no creditor shall 21 consider, in evaluating the credit worthiness of an applicant, aggregate 22 statistics or assumptions relating to race, creed, color, national 23 origin, sexual orientation, gender identity or expression, military 24 status, sex, marital status, status as a victim of domestic violence or 25 disability, or to the likelihood of any group of persons bearing or 26 rearing children, or for that reason receiving diminished or interrupted 27 income in the future. 28 § 10. Subdivision 2 of section 296-c of the executive law, as added by 29 chapter 97 of the laws of 2014, is amended to read as follows: 30 2. It shall be an unlawful discriminatory practice for an employer to: 31 a. refuse to hire or employ or to bar or to discharge from internship 32 an intern or to discriminate against such intern in terms, conditions or 33 privileges of employment as an intern because of the intern's age, race, 34 creed, color, national origin, sexual orientation, military status, sex, 35 disability, predisposing genetic characteristics, marital status, or 36 status as a victim of domestic violence [victim status]; 37 b. discriminate against an intern in receiving, classifying, disposing 38 or otherwise acting upon applications for internships because of the 39 intern's age, race, creed, color, national origin, sexual orientation, 40 military status, sex, disability, predisposing genetic characteristics, 41 marital status, or status as a victim of domestic violence [victim42status]; 43 c. print or circulate or cause to be printed or circulated any state- 44 ment, advertisement or publication, or to use any form of application 45 for employment as an intern or to make any inquiry in connection with 46 prospective employment, which expresses directly or indirectly, any 47 limitation, specification or discrimination as to age, race, creed, 48 color, national origin, sexual orientation, military status, sex, disa- 49 bility, predisposing genetic characteristics, marital status or status 50 as a victim of domestic violence [victim status], or any intent to make 51 any such limitation, specification or discrimination, unless based upon 52 a bona fide occupational qualification; provided, however, that neither 53 this paragraph nor any provision of this chapter or other law shall be 54 construed to prohibit the department of civil service or the department 55 of personnel of any city containing more than one county from requesting 56 information from applicants for civil service internships or examina-S. 8417--B 11 1 tions concerning any of the aforementioned characteristics, other than 2 sexual orientation, for the purpose of conducting studies to identify 3 and resolve possible problems in recruitment and testing of members of 4 minority groups to [insure] ensure the fairest possible and equal oppor- 5 tunities for employment in the civil service for all persons, regardless 6 of age, race, creed, color, national origin, sexual orientation, mili- 7 tary status, sex, disability, predisposing genetic characteristics, 8 marital status or status as a victim of domestic violence [victim9status]; 10 d. to discharge, expel or otherwise discriminate against any person 11 because he or she has opposed any practices forbidden under this article 12 or because he or she has filed a complaint, testified or assisted in any 13 proceeding under this article; or 14 e. to compel an intern who is pregnant to take a leave of absence, 15 unless the intern is prevented by such pregnancy from performing the 16 activities involved in the job or occupation in a reasonable manner. 17 § 11. Paragraph b of subdivision 3 of section 296-c of the executive 18 law, as added by chapter 97 of the laws of 2014, is amended to read as 19 follows: 20 b. subject an intern to unwelcome harassment based on age, sex, race, 21 creed, color, sexual orientation, military status, disability, predis- 22 posing genetic characteristics, marital status, status as a victim of 23 domestic violence [victim status], [or] national origin, or where such 24 harassment has the purpose or effect of unreasonably interfering with 25 the intern's work performance by creating an intimidating, hostile, or 26 offensive working environment. 27 § 12. This act shall take effect immediately.