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S06886 Summary:

S06886 Actions:

S06886 Committee Votes:

S06886 Floor Votes:

S06886 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6886
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 20, 2021
                                       ___________
 
        Introduced  by  Sen. LIU -- (at request of the Division of Human Rights)
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Investigations and Government Operations
 
        AN ACT to amend the executive law, in relation to providing  that  there
          is  no  exemption  from the requirement of nondiscrimination in adver-
          tisements and inquiries for the rental of an apartment in an owner-oc-
          cupied two-unit dwelling, or for the rental of rooms in an owner-occu-
          pied dwelling, and that  engaging  in  discriminatory  advertising  or
          inquiries  will  cause  the  property to no longer be exempt from full
          coverage by the nondiscrimination provisions of the human rights law
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph (a) of subdivision 5 of section 296 of the exec-
     2  utive law, as amended by chapter 8 of the laws of 2019 and subparagraphs
     3  1,  2, and 3 as amended by section 4 of part T of chapter 56 of the laws
     4  of 2019, is amended to read as follows:
     5    (a) It shall be an unlawful discriminatory  practice  for  the  owner,
     6  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
     7  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
     8  constructed or to be constructed, or any agent or employee thereof:
     9    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    10  from any person or group of persons such a housing accommodation because
    11  of  the  race, creed, color, national origin, sexual orientation, gender
    12  identity or expression, military status, sex, age,  disability,  marital
    13  status,  lawful  source  of  income or familial status of such person or
    14  persons, or to represent that any housing accommodation or land  is  not
    15  available  for  inspection,  sale, rental or lease when in fact it is so
    16  available.
    17    (2) To discriminate against any person because of race, creed,  color,
    18  national  origin,  sexual  orientation,  gender  identity or expression,
    19  military status, sex, age, disability, marital status, lawful source  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09584-01-1
        S. 6886                             2
 
     1  income  or familial status in the terms, conditions or privileges of the
     2  sale, rental or lease of  any  such  housing  accommodation  or  in  the
     3  furnishing of facilities or services in connection therewith.
     4    (3)  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 such housing accommodation or
     7  to make any  record  or  inquiry  in  connection  with  the  prospective
     8  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
     9  expresses, directly or  indirectly,  any  limitation,  specification  or
    10  discrimination  as to race, creed, color, national origin, sexual orien-
    11  tation, gender identity or expression, military status, sex, age,  disa-
    12  bility,  marital  status, lawful source of income or familial status, or
    13  any intent to make any such limitation, specification or discrimination.
    14    (4) (i) The provisions of subparagraphs one and two of this  paragraph
    15  [(a)]  shall not apply (1) to the rental of a housing accommodation in a
    16  building which contains housing accommodations for  not  more  than  two
    17  families living independently of each other, if the owner resides in one
    18  of  such housing accommodations, (2) to the restriction of the rental of
    19  all rooms in a housing accommodation to individuals of the same  sex  or
    20  (3) to the rental of a room or rooms in a housing accommodation, if such
    21  rental  is  by the occupant of the housing accommodation or by the owner
    22  of the housing accommodation and  the  owner  resides  in  such  housing
    23  accommodation  or  (4) solely with respect to age and familial status to
    24  the restriction of the sale, rental or lease of  housing  accommodations
    25  exclusively to persons sixty-two years of age or older and the spouse of
    26  any  such  person, or for housing intended and operated for occupancy by
    27  at least one person fifty-five years of age or older per unit. In deter-
    28  mining whether housing is intended and operated for occupancy by persons
    29  fifty-five years of age or older, Sec. 807(b) (2) (c)  (42  U.S.C.  3607
    30  (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
    31  apply.  However, such rental property shall no longer be exempt from the
    32  provisions of subparagraphs one and two of this paragraph  if  there  is
    33  unlawful  discriminatory  conduct pursuant to subparagraph three of this
    34  paragraph.
    35    (ii) The provisions of subparagraphs one, two, and three of this para-
    36  graph shall not apply (1) to the restriction of the rental of all  rooms
    37  in  a  housing  accommodation to individuals of the same sex, (2) to the
    38  rental of a room or rooms in a housing accommodation, if such rental  is
    39  by  the  occupant  of  the  housing accommodation or by the owner of the
    40  housing accommodation and the owner resides  in  such  housing  accommo-
    41  dation,  or  (3)  solely  with respect to age and familial status to the
    42  restriction of the sale,  rental  or  lease  of  housing  accommodations
    43  exclusively to persons sixty-two years of age or older and the spouse of
    44  any  such  person, or for housing intended and operated for occupancy by
    45  at least one person fifty-five years of age or older per unit. In deter-
    46  mining whether housing is intended and operated for occupancy by persons
    47  fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.    3607
    48  (b)  (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall
    49  apply.
    50    § 2. This act shall take effect immediately.