STATE OF NEW YORK
________________________________________________________________________
5387
2013-2014 Regular Sessions
IN ASSEMBLY
February 25, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, BRONSON, JAFFEE, JACOBS,
PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. RYAN -- read once and
referred to the Committee on Governmental 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2 REPEALED and a new subdivision 34 is added to read as follows: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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09165-01-3
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1 patronage or custom thereat of any person of or purporting to be of any
2 particular race, creed, color, national origin, sexual orientation,
3 military status, sex [or], marital status, or status as a victim of
4 domestic violence, or having a disability is unwelcome, objectionable or
5 not acceptable, desired or solicited.
6 § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
7 296 of the executive law, paragraphs (a), (b) and (c) as amended and
8 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
9 to read as follows:
10 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
11 hold from any person or group of persons such housing accommodations
12 because of the race, creed, color, disability, national origin, sexual
13 orientation, military status, age, sex, marital status, [or] familial
14 status, or status as a victim of domestic violence of such person or
15 persons, or to represent that any housing accommodation or land is not
16 available for inspection, sale, rental or lease when in fact it is so
17 available.
18 (b) To discriminate against any person because of his or her race,
19 creed, color, disability, national origin, sexual orientation, military
20 status, age, sex, marital status, [or] familial status, or status as a
21 victim of domestic violence in the terms, conditions or privileges of
22 any publicly-assisted housing accommodations or in the furnishing of
23 facilities or services in connection therewith.
24 (c) To cause to be made any written or oral inquiry or record concern-
25 ing the race, creed, color, disability, national origin, sexual orien-
26 tation, membership in the reserve armed forces of the United States or
27 in the organized militia of the state, age, sex, marital status, [or]
28 familial status, or status as a victim of domestic violence of a person
29 seeking to rent or lease any publicly-assisted housing accommodation;
30 provided, however, that nothing in this subdivision shall prohibit a
31 member of the reserve armed forces of the United States or in the organ-
32 ized militia of the state from voluntarily disclosing such membership.
33 (c-1) To print or circulate or cause to be printed or circulated any
34 statement, advertisement or publication, or to use any form of applica-
35 tion for the purchase, rental or lease of such housing accommodation or
36 to make any record or inquiry in connection with the prospective
37 purchase, rental or lease of such a housing accommodation which
38 expresses, directly or indirectly, any limitation, specification or
39 discrimination as to race, creed, color, national origin, sexual orien-
40 tation, military status, sex, age, disability, marital status, [or]
41 familial status, or status as a victim of domestic violence, or any
42 intent to make any such limitation, specification or discrimination.
43 § 4. Subdivisions 3-b and 4 of section 296 of the executive law, as
44 amended by chapter 106 of the laws of 2003, are amended to read as
45 follows:
46 3-b. It shall be an unlawful discriminatory practice for any real
47 estate broker, real estate salesperson or employee or agent thereof or
48 any other individual, corporation, partnership or organization for the
49 purpose of inducing a real estate transaction from which any such person
50 or any of its stockholders or members may benefit financially, to repre-
51 sent that a change has occurred or will or may occur in the composition
52 with respect to race, creed, color, national origin, sexual orientation,
53 military status, sex, disability, marital status, [or] familial status,
54 or status as a victim of domestic violence of the owners or occupants in
55 the block, neighborhood or area in which the real property is located,
56 and to represent, directly or indirectly, that this change will or may
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1 result in undesirable consequences in the block, neighborhood or area in
2 which the real property is located, including but not limited to the
3 lowering of property values, an increase in criminal or anti-social
4 behavior, or a decline in the quality of schools or other facilities.
5 4. It shall be an unlawful discriminatory practice for an education
6 corporation or association which holds itself out to the public to be
7 non-sectarian and exempt from taxation pursuant to the provisions of
8 article four of the real property tax law to deny the use of its facili-
9 ties to any person otherwise qualified, or to permit the harassment of
10 any student or applicant, by reason of his race, color, religion, disa-
11 bility, national origin, sexual orientation, military status, sex, age
12 [or], marital status, or status as a victim of domestic violence, except
13 that any such institution which establishes or maintains a policy of
14 educating persons of one sex exclusively may admit students of only one
15 sex.
16 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296
17 of the executive law, as amended by chapter 106 of the laws of 2003, are
18 amended to read as follows:
19 (a) It shall be an unlawful discriminatory practice for the owner,
20 lessee, sub-lessee, assignee, or managing agent of, or other person
21 having the right to sell, rent or lease a housing accommodation,
22 constructed or to be constructed, or any agent or employee thereof:
23 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
24 from any person or group of persons such a housing accommodation because
25 of the race, creed, color, national origin, sexual orientation, military
26 status, sex, age, disability, marital status, [or] familial status, or
27 status as a victim of domestic violence of such person or persons, or to
28 represent that any housing accommodation or land is not available for
29 inspection, sale, rental or lease when in fact it is so available.
30 (2) To discriminate against any person because of race, creed, color,
31 national origin, sexual orientation, military status, sex, age, disabil-
32 ity, marital status, [or] familial status, or status as a victim of
33 domestic violence in the terms, conditions or privileges of the sale,
34 rental or lease of any such housing accommodation or in the furnishing
35 of facilities or services in connection therewith.
36 (3) 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, military status, sex, age, disability, marital status, [or]
44 familial status, or status as a victim of domestic violence, or any
45 intent to make any such limitation, specification or discrimination.
46 The provisions of this paragraph [(a)] shall not apply (1) to the
47 rental of a housing accommodation in a building which contains housing
48 accommodations for not more than two families living independently of
49 each other, if the owner resides in one of such housing accommodations,
50 (2) to the restriction of the rental of all rooms in a housing accommo-
51 dation to individuals of the same sex or (3) to the rental of a room or
52 rooms in a housing accommodation, if such rental is by the occupant of
53 the housing accommodation or by the owner of the housing accommodation
54 and the owner resides in such housing accommodation or (4) solely with
55 respect to age and familial status to the restriction of the sale,
56 rental or lease of housing accommodations exclusively to persons sixty-
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1 two years of age or older and the spouse of any such person, or for
2 housing intended and operated for occupancy by at least one person
3 fifty-five years of age or older per unit. In determining whether hous-
4 ing is intended and operated for occupancy by persons fifty-five years
5 of age 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 (b) It shall be an unlawful discriminatory practice for the owner,
8 lessee, sub-lessee, or managing agent of, or other person having the
9 right of ownership or possession of or the right to sell, rent or lease,
10 land or commercial space:
11 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
12 from any person or group of persons land or commercial space because of
13 the race, creed, color, national origin, sexual orientation, military
14 status, sex, age, disability, marital status, [or] familial status, or
15 status as a victim of domestic violence of such person or persons, or to
16 represent that any housing accommodation or land is not available for
17 inspection, sale, rental or lease when in fact it is so available;
18 (2) To discriminate against any person because of race, creed, color,
19 national origin, sexual orientation, military status, sex, age, disabil-
20 ity, marital status, [or] familial status, or status as a victim of
21 domestic violence in the terms, conditions or privileges of the sale,
22 rental or lease of any such land or commercial space; or in the furnish-
23 ing of facilities or services in connection therewith;
24 (3) 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 the purchase, rental or lease of such land or commercial space
27 or to make any record or inquiry in connection with the prospective
28 purchase, rental or lease of such land or commercial space which
29 expresses, directly or indirectly, any limitation, specification or
30 discrimination as to race, creed, color, national origin, sexual orien-
31 tation, military status, sex, age, disability, marital status, [or]
32 familial status, or status as a victim of domestic violence; or any
33 intent to make any such limitation, specification or discrimination.
34 (4) With respect to age and familial status, the provisions of this
35 paragraph shall not apply to the restriction of the sale, rental or
36 lease of land or commercial space exclusively to persons fifty-five
37 years of age or older and the spouse of any such person, or to the
38 restriction of the sale, rental or lease of land to be used for the
39 construction, or location of housing accommodations exclusively for
40 persons sixty-two years of age or older, or intended and operated for
41 occupancy by at least one person fifty-five years of age or older per
42 unit. In determining whether housing is intended and operated for occu-
43 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
44 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
45 amended, shall apply.
46 (c) It shall be an unlawful discriminatory practice for any real
47 estate broker, real estate salesperson or employee or agent thereof:
48 (1) To refuse to sell, rent or lease any housing accommodation, land
49 or commercial space to any person or group of persons or to refuse to
50 negotiate for the sale, rental or lease, of any housing accommodation,
51 land or commercial space to any person or group of persons because of
52 the race, creed, color, national origin, sexual orientation, military
53 status, sex, age, disability, marital status, [or] familial status, or
54 status as a victim of domestic violence of such person or persons, or to
55 represent that any housing accommodation, land or commercial space is
56 not available for inspection, sale, rental or lease when in fact it is
A. 5387 5
1 so available, or otherwise to deny or withhold any housing accommo-
2 dation, land or commercial space or any facilities of any housing accom-
3 modation, land or commercial space from any person or group of persons
4 because of the race, creed, color, national origin, sexual orientation,
5 military status, sex, age, disability, marital status, [or] familial
6 status, or status as a victim of domestic violence of such person or
7 persons.
8 (2) To print or circulate or cause to be printed or circulated any
9 statement, advertisement or publication, or to use any form of applica-
10 tion for the purchase, rental or lease of any housing accommodation,
11 land or commercial space or to make any record or inquiry in connection
12 with the prospective purchase, rental or lease of any housing accommo-
13 dation, land or commercial space which expresses, directly or indirect-
14 ly, any limitation, specification, or discrimination as to race, creed,
15 color, national origin, sexual orientation, military status, sex, age,
16 disability, marital status, [or] familial status, or status as a victim
17 of domestic violence; or any intent to make any such limitation, spec-
18 ification or discrimination.
19 (3) With respect to age and familial status, the provisions of this
20 paragraph shall not apply to the restriction of the sale, rental or
21 lease of any land or commercial space exclusively to persons fifty-five
22 years of age or older and the spouse of any such person, or to the
23 restriction of the sale, rental or lease of any housing accommodation or
24 land to be used for the construction or location of housing accommo-
25 dations for persons sixty-two years of age or older, or intended and
26 operated for occupancy by at least one person fifty-five years of age or
27 older per unit. In determining whether housing is intended and operated
28 for occupancy by persons fifty-five years of age or older, Sec. 807 (b)
29 (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
30 1988, as amended, shall apply.
31 (d) It shall be an unlawful discriminatory practice for any real
32 estate board, because of the race, creed, color, national origin, sexual
33 orientation, military status, age, sex, disability, marital status, [or]
34 familial status, or status as a victim of domestic violence of any indi-
35 vidual who is otherwise qualified for membership, to exclude or expel
36 such individual from membership, or to discriminate against such indi-
37 vidual in the terms, conditions and privileges of membership in such
38 board.
39 § 6. Section 296 of the executive law is amended by adding a new
40 subdivision 22 to read as follows:
41 22. No provision of this section shall be construed to prohibit an
42 owner, lessee, sublessee, assignee, or managing agent of any housing
43 accommodation, public or private, or other person having the right of
44 ownership or possession of or the right to rent or lease such an accom-
45 modation, from making any inquiry or obtaining or retaining information
46 about an individual's domestic violence victim status solely for the
47 purpose of:
48 (a) providing or preserving residency in any public or private housing
49 for that victim of domestic violence;
50 (b) providing any other assistance to a victim of domestic violence,
51 the purpose of which is to assist rather than to hinder obtaining or
52 retaining any public or private housing; or
53 (c) responding to an inquiry or request by an applicant, tenant, or
54 leaseholder who is a victim of domestic violence.
55 § 7. This act shall take effect on the ninetieth day after it shall
56 have become a law.
