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
________________________________________________________________________
6611
2023-2024 Regular Sessions
IN SENATE
May 1, 2023
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment 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 added by
12 chapter 340 of the laws of 1955, is amended to read as follows:
13 10. The term "housing accommodation" includes any building, structure,
14 or portion thereof which is used or occupied or is intended, arranged or
15 designed to be used or occupied, as the home, residence or sleeping
16 place of one or more human beings, including any type of correctional
17 facility or local correctional facility.
18 § 3. Section 292 of the executive law is amended by adding a new
19 subdivision 42 to read as follows:
20 42. The terms "correctional facility" and "local correctional facili-
21 ty" shall have the same meaning as such terms are defined in section two
22 of the correction law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00223-04-3
S. 6611 2
1 § 4. Paragraph (a) of subdivision 2 of section 296 of the executive
2 law, as separately amended by chapters 202 and 748 of the laws of 2022,
3 is amended to read as follows:
4 (a) It shall be an unlawful discriminatory practice for any person,
5 being the owner, lessee, proprietor, manager, superintendent, agent or
6 employee of any correctional facility, local correctional facility, law
7 enforcement agency, place of public accommodation, resort or amusement,
8 because of the race, creed, color, national origin, citizenship or immi-
9 gration status, sexual orientation, gender identity or expression, mili-
10 tary status, sex, disability, marital status, or status as a victim of
11 domestic violence, of any person, directly or indirectly, to refuse,
12 withhold from or deny to such person any of the accommodations, advan-
13 tages, facilities or privileges thereof, including the extension of
14 credit, or, directly or indirectly, to publish, circulate, issue,
15 display, post or mail any written or printed communication, notice or
16 advertisement, to the effect that any of the accommodations, advantages,
17 facilities and privileges of any such place shall be refused, withheld
18 from or denied to any person on account of race, creed, color, national
19 origin, citizenship or immigration status, sexual orientation, gender
20 identity or expression, military status, sex, disability or marital
21 status, or that the patronage or custom thereat of any person of or
22 purporting to be of any particular race, creed, color, national origin,
23 citizenship or immigration status, sexual orientation, gender identity
24 or expression, military status, sex or marital status, or having a disa-
25 bility is unwelcome, objectionable or not acceptable, desired or solic-
26 ited.
27 § 5. This act shall take effect immediately.
