Prohibits certain discriminatory practices against victims of domestic violence relating to housing, including but not limited to, the purchase, rent, lease or housing accommodation; defines domestic violence victim to include victims of domestic violence pursuant to the social services law and victims of stalking offenses.
STATE OF NEW YORK
________________________________________________________________________
1161
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. M. G. MILLER -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, in relation to prohibiting discrimi-
natory practices against domestic violence victims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 292 of the executive law is amended by adding a new
2 subdivision 35 to read as follows:
3 35. The term "domestic violence victim" means an individual who is or
4 is perceived by the actor to be a victim of domestic violence as defined
5 in section four hundred fifty-nine-a of the social services law, or
6 stalking as defined in article one hundred twenty of the penal law.
7 § 2. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296 of
8 the executive law, as amended by chapter 106 of the laws of 2003, are
9 amended 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, domestic
14 violence victim status, or familial status of such person or persons, or
15 to represent that any housing accommodation or land is not available for
16 inspection, sale, rental or lease when in fact it is so available.
17 (b) To discriminate against any person because of his or her race,
18 creed, color, disability, national origin, sexual orientation, military
19 status, age, sex, marital status, domestic violence victim status, or
20 familial status in the terms, conditions or privileges of any publicly-
21 assisted housing accommodations or in the furnishing of facilities or
22 services in connection therewith.
23 (c) To cause to be made any written or oral inquiry or record concern-
24 ing the race, creed, color, disability, national origin, sexual orien-
25 tation, membership in the reserve armed forces of the United States or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00153-01-9
A. 1161 2
1 in the organized militia of the state, age, sex, marital status, domes-
2 tic violence victim status, or familial status of a person seeking to
3 rent or lease any publicly-assisted housing accommodation; provided,
4 however, that nothing in this subdivision shall prohibit a member of the
5 reserve armed forces of the United States or in the organized militia of
6 the state from voluntarily disclosing such membership.
7 § 3. Subparagraphs 1, 2 and 3 of paragraph (a) of subdivision 5 of
8 section 296 of the executive law, as amended by chapter 106 of the laws
9 of 2003, are amended to read as follows:
10 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
11 from any person or group of persons such a housing accommodation because
12 of the race, creed, color, national origin, sexual orientation, military
13 status, sex, age, disability, marital status, domestic violence victim
14 status, or familial status of such person or persons, or to represent
15 that any housing accommodation or land is not available for inspection,
16 sale, rental or lease when in fact it is so available.
17 (2) To discriminate against any person because of race, creed, color,
18 national origin, sexual orientation, military status, sex, age, disabil-
19 ity, marital status, domestic violence victim status, or familial status
20 in the terms, conditions or privileges of the sale, rental or lease of
21 any such housing accommodation or in the furnishing of facilities or
22 services in connection therewith.
23 (3) To print or circulate or cause to be printed or circulated any
24 statement, advertisement or publication, or to use any form of applica-
25 tion for the purchase, rental or lease of such housing accommodation or
26 to make any record or inquiry in connection with the prospective
27 purchase, rental or lease of such a housing accommodation which
28 expresses, directly or indirectly, any limitation, specification or
29 discrimination as to race, creed, color, national origin, sexual orien-
30 tation, military status, sex, age, disability, marital status, domestic
31 violence victim status, or familial status, or any intent to make any
32 such limitation, specification or discrimination.
33 § 4. Subdivision 5 of section 296 of the executive law is amended by
34 adding a new paragraph (h) to read as follows:
35 (h) It shall be an unlawful discriminatory practice for any person or
36 entity to obtain for, or provide to, any person having the right to
37 sell, rent or lease a housing accommodation, or any agent or employee
38 thereof, information relating to the domestic violence victim status of
39 an individual who rents, leases or sub-leases a housing accommodation or
40 who seeks to purchase, rent, lease or sub-lease a housing accommodation.
41 § 5. This act shall take effect immediately.
