NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7729
SPONSOR: Fernandez TITLE OF BILL: An act to amend the executive law, in relation to
prohibiting discrimination based on criminal history in the sale or
rental of real property
PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to prohibiting discrimination based on criminal histo-
ry in the sale or rental of real property.
SUMMARY OF PROVISIONS:
Section 1: Paragraphs a, b, and c of subdivision 2-a of section 296 of
the executive law is amended by section 3 of part T of chapter 56 of the
laws of 2019
Section 2: Paragraphs a, b, c, and d of subdivision 5 of section 296 of
the executive law is amended by chapter 8 of the laws of 2019, subpara-
graphs 1, 2, and 3 of the paragraph a is amended by section 4, subpara-
graph 1 and 2 of paragraph c is amended by section 5, and paragraph d is
amended by section 6 of part T of chapter 56 of the laws of 2019
Section 3: This act shall take effect immediately
JUSTIFICATION:
Over the years, many ex-felons have been discriminated against based on
their criminal history, limiting their options when returning to our
communities. According to Prison Policy Initiative, formerly incarcerat-
ed people are 10x more likely to be homeless than the public. When they
are discriminated due to their criminal history, this prohibits the
formerly incarcerated to get the help they need after getting out of
prison, making it a vicious cycle of homelessness. By prohibiting
discrimination based on their criminal history, we are allowing for more
opportunities to continue growing as members in our community. With
stable housing comes stables jobs and access to more care.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be decided
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
7729
2019-2020 Regular Sessions
IN ASSEMBLY
May 17, 2019
___________
Introduced by M. of A. FERNANDEZ -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to prohibiting discrimi-
nation based on criminal history in the sale or rental of real proper-
ty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (c) of subdivision 2-a of section
2 296 of the executive law, as amended by section 3 of part T of chapter
3 56 of the laws of 2019, are amended to read as follows:
4 (a) To refuse to sell, rent or lease or otherwise to deny to or with-
5 hold from any person or group of persons such housing accommodations
6 because of the race, creed, color, disability, national origin, sexual
7 orientation, gender identity or expression, military status, age, sex,
8 marital status, lawful source of income, criminal history, or familial
9 status of such person or persons, or to represent that any housing
10 accommodation or land is not available for inspection, sale, rental or
11 lease when in fact it is so available.
12 (b) To discriminate against any person because of his or her race,
13 creed, color, disability, national origin, sexual orientation, gender
14 identity or expression, military status, age, sex, marital status,
15 lawful source of income, criminal history, or familial status in the
16 terms, conditions or privileges of any publicly-assisted housing accom-
17 modations or in the furnishing of facilities or services in connection
18 therewith.
19 (c) To cause to be made any written or oral inquiry or record concern-
20 ing the race, creed, color, disability, national origin, sexual orien-
21 tation, gender identity or expression, membership in the reserve armed
22 forces of the United States or in the organized militia of the state,
23 age, sex, marital status, lawful source of income, criminal history, or
24 familial status of a person seeking to rent or lease any publicly-as-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11574-01-9
A. 7729 2
1 sisted housing accommodation; provided, however, that nothing in this
2 subdivision shall prohibit a member of the reserve armed forces of the
3 United States or in the organized militia of the state from voluntarily
4 disclosing such membership.
5 § 2. Paragraphs (a), (b), (c) and (d) of subdivision 5 of section 296
6 of the executive law, paragraphs (a), (b) and (c) as amended by chapter
7 8 of the laws of 2019, subparagraphs 1, 2 and 3 of paragraph (a) as
8 amended by section 4, subparagraphs 1 and 2 of paragraph (c) as amended
9 by section 5, and paragraph (d) as amended by section 6 of part T of
10 chapter 56 of the laws of 2019, are amended to read as follows:
11 (a) It shall be an unlawful discriminatory practice for the owner,
12 lessee, sub-lessee, assignee, or managing agent of, or other person
13 having the right to sell, rent or lease a housing accommodation,
14 constructed or to be constructed, or any agent or employee thereof:
15 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
16 from any person or group of persons such a housing accommodation because
17 of the race, creed, color, national origin, sexual orientation, gender
18 identity or expression, military status, sex, age, disability, marital
19 status, lawful source of income, criminal history, or familial status of
20 such person or persons, or to represent that any housing accommodation
21 or land is not available for inspection, sale, rental or lease when in
22 fact it is so available.
23 (2) To discriminate against any person because of race, creed, color,
24 national origin, sexual orientation, gender identity or expression,
25 military status, sex, age, disability, marital status, lawful source of
26 income, criminal history, or familial status in the terms, conditions or
27 privileges of the sale, rental or lease of any such housing accommo-
28 dation or in the furnishing of facilities or services in connection
29 therewith.
30 (3) To print or circulate or cause to be printed or circulated any
31 statement, advertisement or publication, or to use any form of applica-
32 tion for the purchase, rental or lease of such housing accommodation or
33 to make any record or inquiry in connection with the prospective
34 purchase, rental or lease of such a housing accommodation which
35 expresses, directly or indirectly, any limitation, specification or
36 discrimination as to race, creed, color, national origin, sexual orien-
37 tation, gender identity or expression, military status, sex, age, disa-
38 bility, marital status, lawful source of income, criminal history, or
39 familial status, or any intent to make any such limitation, specifica-
40 tion or discrimination.
41 The provisions of this paragraph [(a)] shall not apply (1) to the
42 rental of a housing accommodation in a building which contains housing
43 accommodations for not more than two families living independently of
44 each other, if the owner resides in one of such housing accommodations,
45 (2) to the restriction of the rental of all rooms in a housing accommo-
46 dation to individuals of the same sex or (3) to the rental of a room or
47 rooms in a housing accommodation, if such rental is by the occupant of
48 the housing accommodation or by the owner of the housing accommodation
49 and the owner resides in such housing accommodation or (4) solely with
50 respect to age and familial status to the restriction of the sale,
51 rental or lease of housing accommodations exclusively to persons sixty-
52 two years of age or older and the spouse of any such person, or for
53 housing intended and operated for occupancy by at least one person
54 fifty-five years of age or older per unit. In determining whether hous-
55 ing is intended and operated for occupancy by persons fifty-five years
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1 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
2 federal Fair Housing Act of 1988, as amended, shall apply.
3 (b) It shall be an unlawful discriminatory practice for the owner,
4 lessee, sub-lessee, or managing agent of, or other person having the
5 right of ownership or possession of or the right to sell, rent or lease,
6 land or commercial space:
7 (1) To refuse to sell, rent, lease or otherwise deny to or withhold
8 from any person or group of persons land or commercial space because of
9 the race, creed, color, national origin, sexual orientation, gender
10 identity or expression, military status, sex, age, disability, marital
11 status, criminal history, or familial status of such person or persons,
12 or to represent that any housing accommodation or land is not available
13 for inspection, sale, rental or lease when in fact it is so available;
14 (2) To discriminate against any person because of race, creed, color,
15 national origin, sexual orientation, gender identity or expression,
16 military status, sex, age, disability, marital status, criminal history,
17 or familial status in the terms, conditions or privileges of the sale,
18 rental or lease of any such land or commercial space; or in the furnish-
19 ing of facilities or services in connection therewith;
20 (3) To print or circulate or cause to be printed or circulated any
21 statement, advertisement or publication, or to use any form of applica-
22 tion for the purchase, rental or lease of such land or commercial space
23 or to make any record or inquiry in connection with the prospective
24 purchase, rental or lease of such land or commercial space which
25 expresses, directly or indirectly, any limitation, specification or
26 discrimination as to race, creed, color, national origin, sexual orien-
27 tation, gender identity or expression, military status, sex, age, disa-
28 bility, marital status, criminal history, or familial status; or any
29 intent to make any such limitation, specification or discrimination.
30 (4) With respect to age and familial status, the provisions of this
31 paragraph shall not apply to the restriction of the sale, rental or
32 lease of land or commercial space exclusively to persons fifty-five
33 years of age or older and the spouse of any such person, or to the
34 restriction of the sale, rental or lease of land to be used for the
35 construction, or location of housing accommodations exclusively for
36 persons sixty-two years of age or older, or intended and operated for
37 occupancy by at least one person fifty-five years of age or older per
38 unit. In determining whether housing is intended and operated for occu-
39 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c)
40 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
41 amended, shall apply.
42 (c) It shall be an unlawful discriminatory practice for any real
43 estate broker, real estate salesperson or employee or agent thereof:
44 (1) To refuse to sell, rent or lease any housing accommodation, land
45 or commercial space to any person or group of persons or to refuse to
46 negotiate for the sale, rental or lease, of any housing accommodation,
47 land or commercial space to any person or group of persons because of
48 the race, creed, color, national origin, sexual orientation, gender
49 identity or expression, military status, sex, age, disability, marital
50 status, lawful source of income, criminal history, or familial status of
51 such person or persons, or to represent that any housing accommodation,
52 land or commercial space is not available for inspection, sale, rental
53 or lease when in fact it is so available, or otherwise to deny or with-
54 hold any housing accommodation, land or commercial space or any facili-
55 ties of any housing accommodation, land or commercial space from any
56 person or group of persons because of the race, creed, color, national
A. 7729 4
1 origin, sexual orientation, gender identity or expression, military
2 status, sex, age, disability, marital status, lawful source of income,
3 criminal history, or familial status of such person or persons.
4 (2) To print or circulate or cause to be printed or circulated any
5 statement, advertisement or publication, or to use any form of applica-
6 tion for the purchase, rental or lease of any housing accommodation,
7 land or commercial space or to make any record or inquiry in connection
8 with the prospective purchase, rental or lease of any housing accommo-
9 dation, land or commercial space which expresses, directly or indirect-
10 ly, any limitation, specification, or discrimination as to race, creed,
11 color, national origin, sexual orientation, gender identity or
12 expression, military status, sex, age, disability, marital status,
13 lawful source of income, criminal history, or familial status; or any
14 intent to make any such limitation, specification or discrimination.
15 (3) With respect to age and familial status, the provisions of this
16 paragraph shall not apply to the restriction of the sale, rental or
17 lease of any housing accommodation, land or commercial space exclusively
18 to persons fifty-five years of age or older and the spouse of any such
19 person, or to the restriction of the sale, rental or lease of any hous-
20 ing accommodation or land to be used for the construction or location of
21 housing accommodations for persons sixty-two years of age or older, or
22 intended and operated for occupancy by at least one person fifty-five
23 years of age or older per unit. In determining whether housing is
24 intended and operated for occupancy by persons fifty-five years of age
25 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
26 federal Fair Housing Act of 1988, as amended, shall apply.
27 (d) It shall be an unlawful discriminatory practice for any real
28 estate board, because of the race, creed, color, national origin, sexual
29 orientation, gender identity or expression, military status, age, sex,
30 disability, marital status, lawful source of income, criminal history,
31 or familial status of any individual who is otherwise qualified for
32 membership, to exclude or expel such individual from membership, or to
33 discriminate against such individual in the terms, conditions and privi-
34 leges of membership in such board.
35 § 3. This act shall take effect immediately.
