senate Bill S83

Amended

Relates to rental discrimination based on income

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 05 / Apr / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 19 / May / 2011
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 19 / May / 2011
    • PRINT NUMBER 83A
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 27 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Relates to rental discrimination based on income.

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Bill Details

Versions:
S83
S83A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd ยงยง296 & 292, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S7613A

Sponsor Memo

BILL NUMBER:S83

TITLE OF BILL:
An act
to amend the executive law,
in relation to discrimination based upon
the income of persons

PURPOSE:
To prevent housing discrimination based upon the source of income of
individuals; makes discrimination by landlords based on a tenant's
source of income illegal under New York State Human Rights Law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new subdivision 35 to section 292 of the executive
law defining the term "lawful source of income" to include, but not
be limited to, wages, income derived from social security, federal or
state public assistance, and housing and rental subsidies such as
section 8 vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the
executive law to add the language "or source of income" as a category
protected from discrimination.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "or source of income" to
all sections for inclusion against discrimination, refusal to rent
and to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to
add the language "or source of income" as a protected status form
discrimination in relation to housing to the New York State Human
Rights Law.
Subsection (a) extends protections against the practices of an owner,
lessee, sub-lease, or managing agent, or any other person having the
right to sell, rent or lease a housing accommodation. Subsection (b)
extends protections against the practices of an owner, lessee,
sublease, or managing agent, or any other person having the right to
sell, rent or lease land or commercial space. Subsection (c) extends
protections against the practices of a real estate broker, real
estate sales person, or agent. Subsection (d) extends protections
against the practices of a real estate board.

Section 5 contains the effective date.

JUSTIFICATION:
Currently, New York State law does not prevent landlords from
discrimination based on a person's source of income. As a result,
landlords
often reject tenants with rental subsidies, such as Section 8 and
subsidies tied to the Nursing Facility Transition and Diversion and
Traumatic Brain Injury Medicaid Waivers. Many people with
disabilities rely on those subsidies and other assistance programs to
live independently in the community. This legislation would make
discrimination by landlords based on a tenant's source of income


illegal under New York State Human Rights Law. Similar laws have
already been passed in New York City and Nassau.

PRIOR LEGISLATIVE HISTORY:
2010: S.7613-A (Passed Senate)/A.10689-A (Passed Assembly)- Vetoed

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   83

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. SQUADRON, KRUEGER -- 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  discrimination  based
  upon the income of persons

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

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
  35. THE TERM "SOURCE OF  INCOME"  SHALL  INCLUDE:  WAGES  FROM  LAWFUL
EMPLOYMENT;  CHILD  SUPPORT;  ALIMONY;  FOSTER  CARE  SUBSIDIES;  INCOME
DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF  FEDERAL,  STATE  OR  LOCAL
PUBLIC  ASSISTANCE; HOUSING AND RENTAL SUBSIDIES AND ASSISTANCE, INCLUD-
ING SECTION 8 VOUCHERS; SAVINGS, INVESTMENT AND TRUST ACCOUNTS; AND  ANY
OTHER FORMS OF LAWFUL INCOME.
  S  2.  Paragraph  (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 106 of the laws of 2003, is amended  to  read
as follows:
  (a)  It  shall  be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent,  agent  or
employee  of  any  place  of  public accommodation, resort or amusement,
because of the race, creed, color, national origin, sexual  orientation,
military  status, sex, SOURCE OF INCOME, or disability or marital status
of any person, directly or indirectly, to refuse, withhold from or  deny
to  such  person  any  of  the accommodations, advantages, facilities or
privileges thereof, including the extension of credit, or,  directly  or
indirectly,  to  publish,  circulate,  issue,  display, post or mail any
written or printed communication, notice or advertisement, to the effect
that any of the accommodations, advantages, facilities and privileges of
any such place shall be refused, withheld from or denied to  any  person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00449-01-1

S. 83                               2

on  account  of race, creed, color, national origin, sexual orientation,
military status, sex, SOURCE OF INCOME, or disability or marital status,
or that the patronage or custom thereat of any person of  or  purporting
to  be  of  any  particular  race, creed, color, national origin, sexual
orientation, military status, SOURCE OF INCOME, sex or  marital  status,
or  having  a  disability is unwelcome, objectionable or not acceptable,
desired or solicited.
  S 3. Paragraphs (a), (b) and (c) of subdivision 2-a of section 296  of
the  executive  law,  as amended by chapter 106 of the laws of 2003, are
amended to read as follows:
  (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
hold  from  any  person  or group of persons such housing accommodations
because of the race, creed, color, disability, national  origin,  sexual
orientation,  military  status,  age, sex, marital status, [or] familial
status, OR SOURCE OF INCOME of such person or persons, or  to  represent
that  any housing accommodation or land is not available for inspection,
sale, rental or lease when in fact it is so available.
  (b) To discriminate against any person because of  his  or  her  race,
creed,  color, disability, national origin, sexual orientation, military
status, age, sex, marital status, [or] familial  status,  OR  SOURCE  OF
INCOME  in  the terms, conditions or privileges of any publicly-assisted
housing accommodations or in the furnishing of facilities or services in
connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing the race, creed, color, disability, national origin,  sexual  orien-
tation,  membership  in the reserve armed forces of the United States or
in the organized militia of the state, age, sex,  marital  status,  [or]
familial  status,  OR  SOURCE  OF  INCOME of a person seeking to rent or
lease any publicly-assisted housing  accommodation;  provided,  however,
that  nothing in this subdivision shall prohibit a member of the reserve
armed forces of the United States or in the  organized  militia  of  the
state from voluntarily disclosing such membership.
  S  4. Subdivision 5 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  5. (a) It shall be an unlawful discriminatory practice for the  owner,
lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
having the right  to  sell,  rent  or  lease  a  housing  accommodation,
constructed or to be constructed, or any agent or employee thereof:
  (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual orientation, military
status,  sex,  age, disability, marital status, [or] familial status, OR
SOURCE OF INCOME of such person or persons, or  to  represent  that  any
housing  accommodation  or  land  is not available for inspection, sale,
rental or lease when in fact it is so available.
  (2) To discriminate against any person because of race, creed,  color,
national origin, sexual orientation, military status, sex, age, disabil-
ity,  marital  status,  [or] familial status, OR SOURCE OF INCOME in the
terms, conditions or privileges of the sale, rental or lease of any such
housing accommodation or in the furnishing of facilities or services  in
connection therewith.
  (3)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for the purchase, rental or lease of such housing accommodation or
to make any  record  or  inquiry  in  connection  with  the  prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which

S. 83                               3

expresses, directly or  indirectly,  any  limitation,  specification  or
discrimination  as to race, creed, color, national origin, sexual orien-
tation, military status, sex,  age,  disability,  marital  status,  [or]
familial  status,  OR  SOURCE  OF INCOME, or any intent to make any such
limitation, specification or discrimination.
  The provisions of this paragraph [(a)] shall  not  apply  (1)  to  the
rental  of  a housing accommodation in a building which contains housing
accommodations for not more than two families  living  independently  of
each  other, if the owner resides in one of such housing accommodations,
(2) to the restriction of the rental of all rooms in a housing  accommo-
dation  to individuals of the same sex or (3) to the rental of a room or
rooms in a housing accommodation, if such rental is by the  occupant  of
the  housing  accommodation or by the owner of the housing accommodation
and the owner resides in such housing accommodation or (4)  solely  with
respect  to  age  and  familial  status  to the restriction of the sale,
rental or lease of housing accommodations exclusively to persons  sixty-
two  years  of  age  or  older and the spouse of any such person, or for
housing intended and operated for  occupancy  by  at  least  one  person
fifty-five  years of age or older per unit. In determining whether hous-
ing is intended and operated for occupancy by persons  fifty-five  years
of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
federal Fair Housing Act of 1988, as amended, shall apply.
  (b)  It  shall  be  an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or  other  person  having  the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
  (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because  of
the  race,  creed,  color, national origin, sexual orientation, military
status, sex, age, disability, marital status, [or] familial  status,  OR
SOURCE  OF  INCOME  of  such person or persons, or to represent that any
housing accommodation or land is not  available  for  inspection,  sale,
rental or lease when in fact it is so available;
  (2)  To discriminate against any person because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, marital status, [or] familial status, OR SOURCE OF  INCOME  in  the
terms, conditions or privileges of the sale, rental or lease of any such
land or commercial space; or in the furnishing of facilities or services
in connection therewith;
  (3)  To  print  or  circulate or cause to be printed or circulated any
statement, advertisement or publication, or to use any form of  applica-
tion  for the purchase, rental or lease of such land or commercial space
or to make any record or inquiry  in  connection  with  the  prospective
purchase,  rental  or  lease  of  such  land  or  commercial space which
expresses, directly or  indirectly,  any  limitation,  specification  or
discrimination  as to race, creed, color, national origin, sexual orien-
tation, military status, sex,  age,  disability,  marital  status,  [or]
familial  status,  OR  SOURCE  OF INCOME; or any intent to make any such
limitation, specification or discrimination.
  (4) With respect to age and familial status, the  provisions  of  this
paragraph  shall  not  apply  to  the restriction of the sale, rental or
lease of land or commercial  space  exclusively  to  persons  fifty-five
years  of  age  or  older  and  the spouse of any such person, or to the
restriction of the sale, rental or lease of land  to  be  used  for  the
construction,  or  location  of  housing  accommodations exclusively for
persons sixty-two years of age or older, or intended  and  operated  for

S. 83                               4

occupancy  by  at  least one person fifty-five years of age or older per
unit. In determining whether housing is intended and operated for  occu-
pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
(42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
amended, shall apply.
  (c) It shall be an  unlawful  discriminatory  practice  for  any  real
estate broker, real estate salesperson or employee or agent thereof:
  (1)  To  refuse to sell, rent or lease any housing accommodation, land
or commercial space to any person or group of persons or  to  refuse  to
negotiate  for  the sale, rental or lease, of any housing accommodation,
land or commercial space to any person or group of  persons  because  of
the  race,  creed,  color, national origin, sexual orientation, military
status, sex, age, disability, marital status, [or] familial  status,  OR
SOURCE  OF  INCOME  of  such person or persons, or to represent that any
housing accommodation, land or commercial space  is  not  available  for
inspection,  sale,  rental  or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation, land or commer-
cial space or any facilities  of  any  housing  accommodation,  land  or
commercial  space  from  any  person  or group of persons because of the
race,  creed,  color,  national  origin,  sexual  orientation,  military
status,  sex,  age, disability, marital status, [or] familial status, OR
SOURCE OF INCOME of such person or persons.
  (2) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease  of  any  housing  accommodation,
land  or commercial space or to make any record or inquiry in connection
with the prospective purchase, rental or lease of any  housing  accommo-
dation,  land or commercial space which expresses, directly or indirect-
ly, any limitation, specification, or discrimination as to race,  creed,
color,  national  origin, sexual orientation, military status, sex, age,
disability, marital status, [or] familial status, OR SOURCE  OF  INCOME;
or  any  intent  to make any such limitation, specification or discrimi-
nation.
  (3) With respect to age and familial status, the  provisions  of  this
paragraph  shall  not  apply  to  the restriction of the sale, rental or
lease of any land or commercial space exclusively to persons  fifty-five
years  of  age  or  older  and  the spouse of any such person, or to the
restriction of the sale, rental or lease of any housing accommodation or
land to be used for the construction or  location  of  housing  accommo-
dations  for  persons  sixty-two  years of age or older, or intended and
operated for occupancy by at least one person fifty-five years of age or
older per unit. In determining whether housing is intended and  operated
for occupancy by persons fifty-five years of age or older, Sec.  807 (b)
(2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the federal Fair Housing Act of
1988, as amended, shall apply.
  (d) It shall be an  unlawful  discriminatory  practice  for  any  real
estate board, because of the race, creed, color, national origin, sexual
orientation, military status, age, sex, disability, marital status, [or]
familial  status, OR SOURCE OF INCOME of any individual who is otherwise
qualified for membership, to  exclude  or  expel  such  individual  from
membership,  or  to  discriminate  against such individual in the terms,
conditions and privileges of membership in such board.
  (e) It shall be an unlawful discriminatory  practice  for  the  owner,
proprietor  or  managing  agent  of, or other person having the right to
provide care and services in, a private proprietary nursing home, conva-
lescent home, or home for adults, or an intermediate care  facility,  as

S. 83                               5

defined   in   section  two  of  the  social  services  law,  heretofore
constructed, or to be constructed, or any agent or employee thereof,  to
refuse  to  provide  services  and  care in such home or facility to any
individual  or  to  discriminate  against  any  individual in the terms,
conditions, and privileges of such services and care solely because such
individual is a blind person. For purposes of this paragraph,  a  "blind
person" shall mean a person who is registered as a blind person with the
commission  for the visually handicapped and who meets the definition of
a "blind person" pursuant to  section  three  of  chapter  four  hundred
fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
establish a state commission for improving the condition of the blind of
the state of New York, and making an appropriation therefor".
  (f) The provisions of this subdivision, as they relate to  age,  shall
not apply to persons under the age of eighteen years.
  (g)  It  shall  be  an unlawful discriminatory practice for any person
offering or providing housing accommodations, land or  commercial  space
as described in paragraphs (a), (b), and (c) of this subdivision to make
or  cause  to  be  made any written or oral inquiry or record concerning
membership of any person in the state organized militia in  relation  to
the  purchase,  rental  or lease of such housing accommodation, land, or
commercial space, provided, however, that nothing  in  this  subdivision
shall  prohibit a member of the state organized militia from voluntarily
disclosing such membership.
  S 5. This act shall take effect immediately.

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