S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3347

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. BING, V. LOPEZ, GOTTFRIED, HEVESI, ROSENTHAL,
  LANCMAN, DINOWITZ, COLTON, MAISEL, CYMBROWITZ, N. RIVERA,  BOYLAND  --
  Multi-Sponsored  by  -- M. of A. BRENNAN, CLARK, MENG, NOLAN, PHEFFER,
  REILLY, SCARBOROUGH, SCHIMEL, SPANO, TOWNS, WEISENBERG  --  read  once
  and referred to the Committee on Housing

AN ACT to amend the executive law, in relation to a tenant blacklist

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of  section  296  of  the  executive  law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  IT  SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUBLESSEE, ASSIGNEE,  OR  MANAGING  AGENT  OF  PUBLICLY-ASSISTED
HOUSING ACCOMMODATIONS OR  OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR
POSSESSION  OF  OR  THE  RIGHT TO RENT OR LEASE   SUCH ACCOMMODATIONS TO
REFUSE TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM  ANY
PERSON  OR  GROUP  OF  PERSONS SUCH A HOUSING ACCOMMODATION ON THE BASIS
THAT SUCH PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST,  ONGOING  OR
CURRENT  LANDLORD-TENANT  ACTION  OR  SUMMARY  PROCEEDING EMANATING FROM
ARTICLE SEVEN OF THE REAL PROPERTY LAW, EXCEPT WHERE THE TENANT OR GROUP
OF TENANTS HAVE NOT SATISFIED THE ORDER.
  S 2. Subdivision 3-b of section 296 of the executive law,  as  amended
by chapter 106 of the laws of 2003, is amended to read as follows:
  3-b.  It  shall  be  an  unlawful discriminatory practice for any real
estate broker, real estate salesperson or employee or agent  thereof  or
any  other  individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such person
or any of its stockholders or members may benefit financially, to repre-
sent that a change has occurred or will or may occur in the  composition
with respect to race, creed, color, national origin, sexual orientation,
military status, sex, disability, PAST, ONGOING OR CURRENT LANDLORD-TEN-
ANT  ACTION  OR  SUMMARY  PROCEEDING EMANATING FROM ARTICLE SEVEN OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08056-01-1
              

A. 3347                             2

REAL PROPERTY LAW, marital status, or familial status of the  owners  or
occupants  in the block, neighborhood or area in which the real property
is located, and to represent, directly or indirectly, that  this  change
will  or  may result in undesirable consequences in the block, neighbor-
hood or area in which the real property is located,  including  but  not
limited  to  the lowering of property values, an increase in criminal or
anti-social behavior, or a decline in the quality of  schools  or  other
facilities.
  S  3.  Paragraph  (a) of subdivision 5 of section 296 of the executive
law is amended by adding a new subparagraph 1-a to read as follows:
  (1-A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR  THE  OWNER,
LESSEE,  SUBLESSEE,  ASSIGNEE, OR MANAGING AGENT OF, OR ANY OTHER PERSON
HAVING THE RIGHT  TO  SELL,  RENT  OR  LEASE  A  HOUSING  ACCOMMODATION,
CONSTRUCTED  OR  TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THEREOF, TO
REFUSE TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM  ANY
PERSON  OR  GROUP  OF  PERSONS SUCH A HOUSING ACCOMMODATION ON THE BASIS
THAT SUCH PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST,  ONGOING  OR
CURRENT  LANDLORD-TENANT  ACTION  OR  SUMMARY  PROCEEDING EMANATING FROM
ARTICLE SEVEN OF THE REAL PROPERTY LAW,   EXCEPT  WHERE  THE  TENANT  OR
GROUP OF TENANTS HAVE NOT SATISFIED THE ORDER.
  S 4. This act shall take effect immediately.