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A07729 Summary:

A07729 Actions:

A07729 Memo:

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

A07729 Text:

 
                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
        A. 7729                             3
 
     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.