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A04367 Summary:

A04367 Actions:

A04367 Floor Votes:

A04367 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4367
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2009
                                       ___________
 
        Introduced  by  M.  of  A. GREENE, BENJAMIN, CASTRO, GOTTFRIED, KELLNER,
          MILLMAN, PERRY, ROSENTHAL, TITONE -- Multi-Sponsored by --  M.  of  A.
          CLARK,  DIAZ,  GLICK,  JAFFEE,  TOWNS,  WEISENBERG  --  read  once and
          referred to the Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to unlawful discriminato-

          ry practices in housing based on lawful source of income
 
          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 34 to read as follows:
     3    34.  The  term  "lawful  source  of  income" shall include, but not be
     4  limited to, the federal housing subsidy known as "section eight".
     5    § 2. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
     6  296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
     7  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
     8  to read as follows:
     9    (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
    10  hold  from  any  person  or group of persons such housing accommodations

    11  because of the race, creed, color, disability, national  origin,  sexual
    12  orientation, military status, age, sex, marital status, lawful source of
    13  income  or  familial  status  of such person or persons, or to represent
    14  that any housing accommodation or land is not available for  inspection,
    15  sale, rental or lease when in fact it is so available.
    16    (b)  To  discriminate  against  any person because of his or her race,
    17  creed, color, disability, national origin, sexual orientation,  military
    18  status,  age,  sex,  marital status, lawful source of income or familial
    19  status in the terms, conditions or privileges of  any  publicly-assisted
    20  housing accommodations or in the furnishing of facilities or services in
    21  connection therewith.
    22    (c) To cause to be made any written or oral inquiry or record concern-

    23  ing  the  race, creed, color, disability, national origin, sexual orien-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04473-01-9
        A. 4367                             2
 
     1  tation, membership in the reserve armed forces of the United  States  or
     2  in  the organized militia of the state, age, sex, marital status, lawful
     3  source of income or familial status of a person seeking to rent or lease
     4  any  publicly-assisted  housing  accommodation;  provided, however, that
     5  nothing in this subdivision shall prohibit a member of the reserve armed
     6  forces of the United States or in the organized  militia  of  the  state
     7  from voluntarily disclosing such membership.

     8    (c-1)  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 such housing accommodation or
    11  to make any  record  or  inquiry  in  connection  with  the  prospective
    12  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    13  expresses, directly or  indirectly,  any  limitation,  specification  or
    14  discrimination  as to race, creed, color, national origin, sexual orien-
    15  tation, military status, sex, age, disability,  marital  status,  lawful
    16  source  of  income  or  familial  status, or any intent to make any such
    17  limitation, specification or discrimination.
    18    § 3. Subparagraphs 1, 2 and 3 of paragraph (a)  of  subdivision  5  of
    19  section  296 of the executive law, as amended by chapter 106 of the laws

    20  of 2003, are amended to read as follows:
    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, lawful source of income or
    25  familial status of such person or persons,  or  to  represent  that  any
    26  housing  accommodation  or  land  is not available for inspection, sale,
    27  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, lawful source of income or familial status in the
    31  terms, conditions or privileges of the sale, rental or lease of any such

    32  housing accommodation or in the furnishing of facilities or services  in
    33  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,  lawful
    42  source  of  income  or  familial  status, or any intent to make any such
    43  limitation, specification or discrimination.

    44    § 4. Subdivision 20 of section 296 of the executive law, as renumbered
    45  by chapter 204 of the laws of 1996, is renumbered subdivision 21  and  a
    46  new subdivision 20 is added to read as follows:
    47    20.  The  provisions  of  this subdivision, as they relate to unlawful
    48  discriminatory practices on the basis of lawful source of income,  shall
    49  not  apply  to  housing  accommodations  that contain a total of five or
    50  fewer housing units, provided, however:
    51    (a) the provisions of this subdivision shall apply to tenants  subject
    52  to rent control laws who reside in housing accommodations that contain a
    53  total  of  five or fewer units as of the effective date of this subdivi-
    54  sion; and provided, however:

    55    (b) the provisions of this subdivision  shall  apply  to  all  housing
    56  accommodations,  regardless of the number of units contained in each, of
        A. 4367                             3
 
     1  any person who has the right to sell, rent or lease or approve the sale,
     2  rental or lease of at least one housing accommodation  within  New  York
     3  state  that  contains  six  or  more housing units, constructed or to be
     4  constructed, or an interest therein.
     5    §  5.  The  executive  law is amended by adding a new section 298-b to
     6  read as follows:
     7    § 298-b. Punitive penalties for certain violations.    Notwithstanding
     8  any  provision  of law to the contrary, in any finding of a violation of

     9  subdivision two-a or subdivision five of section two hundred  ninety-six
    10  of  this  article,  where  such violation involves discrimination on the
    11  basis of lawful source of income the commissioner shall impose  a  puni-
    12  tive  penalty  of not less than twenty-five hundred dollars and not more
    13  than five thousand dollars against the owner, lessee, sub-lessee, assig-
    14  nee, or managing agent of such housing accommodation found in violation.
    15    § 6. This act shall take effect immediately and  shall  apply  to  all
    16  causes of action filed on and after such effective date.