Includes correctional facilities and local correctional facilities as publicly-assisted housing accommodations for purposes of the division of human rights; defines correctional facilities and local correctional facilities.
STATE OF NEW YORK
________________________________________________________________________
4319
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. GALLAGHER, EPSTEIN, MITAYNES, FORREST, KELLES,
RAGA, SHRESTHA, WEPRIN, LEVENBERG, HEVESI, DAVILA, REYES, MEEKS,
MAMDANI, TAPIA, SHIMSKY -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to including correctional
facilities and local correctional facilities as publicly-assisted
housing accommodations for purposes of the division of human rights
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent and findings. Whereas recent judicial
2 opinions have created confusion regarding the status of correctional
3 facilities and law enforcement agencies as subjects of the jurisdiction
4 of the New York human rights law, the legislature hereby finds and
5 declares, for the purposes of the human rights law and the division of
6 human rights, the services provided by law enforcement officers are
7 public accommodations, correctional facilities and local correctional
8 facilities are housing accommodations, and law enforcement agencies,
9 correctional facilities and local correctional facilities are subject to
10 the jurisdiction of the human rights law.
11 § 2. Subdivision 10 of section 292 of the executive law, as amended by
12 section 1 of part GG of chapter 56 of the laws of 2024, is amended to
13 read as follows:
14 10. The term "housing accommodation" includes any building, structure,
15 or portion thereof which is used or occupied or is intended, arranged or
16 designed to be used or occupied, as the home, residence or sleeping
17 place of one or more human beings, including any type of correctional
18 facility or local correctional facility. The term "housing accommo-
19 dation" also includes any accessory dwelling unit, defined as any
20 attached or a detached residential dwelling unit that provides complete
21 independent living facilities for one or more persons which is located
22 on a lot with a proposed or existing primary residence and shall include
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07031-01-5
A. 4319 2
1 permanent provisions for living, sleeping, eating, cooking, and sanita-
2 tion on the same lot as the single-family or multi-family dwelling.
3 § 3. Section 292 of the executive law is amended by adding a new
4 subdivision 42 to read as follows:
5 42. The terms "correctional facility" and "local correctional facili-
6 ty" shall have the same meaning as such terms are defined in section two
7 of the correction law.
8 § 4. Paragraph (a) of subdivision 2 of section 296 of the executive
9 law, as separately amended by chapters 202 and 748 of the laws of 2022,
10 is amended to read as follows:
11 (a) It shall be an unlawful discriminatory practice for any person,
12 being the owner, lessee, proprietor, manager, superintendent, agent or
13 employee of any correctional facility, local correctional facility, law
14 enforcement agency, place of public accommodation, resort or amusement,
15 because of the race, creed, color, national origin, citizenship or immi-
16 gration status, sexual orientation, gender identity or expression, mili-
17 tary status, sex, disability, marital status, or status as a victim of
18 domestic violence, of any person, directly or indirectly, to refuse,
19 withhold from or deny to such person any of the accommodations, advan-
20 tages, facilities or privileges thereof, including the extension of
21 credit, or, directly or indirectly, to publish, circulate, issue,
22 display, post or mail any written or printed communication, notice or
23 advertisement, to the effect that any of the accommodations, advantages,
24 facilities and privileges of any such place shall be refused, withheld
25 from or denied to any person on account of race, creed, color, national
26 origin, citizenship or immigration status, sexual orientation, gender
27 identity or expression, military status, sex, disability or marital
28 status, or that the patronage or custom thereat of any person of or
29 purporting to be of any particular race, creed, color, national origin,
30 citizenship or immigration status, sexual orientation, gender identity
31 or expression, military status, sex or marital status, or having a disa-
32 bility is unwelcome, objectionable or not acceptable, desired or solic-
33 ited.
34 § 5. This act shall take effect immediately.
