senate Bill S168

Provides for the prevention of unlawful discriminatory practices in housing based on lawful source of income, including section eight

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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

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Provides for the prevention of unlawful discriminatory practices in housing based on lawful source of income, including section eight, and provides for punitive damages of not less than $2500 and not more than $5000.

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Bill Details

Versions:
S168
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, add §298-b, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2885
2009-2010: S6170
2007-2008: A7861A, S5204A

Sponsor Memo

BILL NUMBER:S168

TITLE OF BILL:
An act
to amend the executive law, in relation to unlawful discriminatory
practices in housing based on lawful source of income

PURPOSE:
A bill to address unlawful discriminatory practices in rental housing
based on source of income including but not limited to section 8
vouchers.

SUMMARY OF PROVISIONS:
Section 292 of the executive law lies amended to define 'lawful source
of income.' The opening paragraph and paragraphs (a), (b), (c), and
(c-1) of the subdivision 2-a of section 296 of the executive law is
amended to include 'lawful source of income. Adds new section 298-b
which imposes a punitive penalty of not less than twenty-five hundred
dollars and not more than five thousand dollars against owner.

JUSTIFICATION:
Landlords have been refusing to accept section 8 vouchers from
prospective or actual buyers or tenants. It is an unfair and unlawful
practice to make any distinction, discrimination or restriction
against any person in the price, terms, conditions or privileges of
any kind relating to the sale, rental, lease or occupancy of any real
estate"used fox residential purposes, Currently our neighboring
states, Connecticut, Massachusetts, and New Jersey have legislation
that protects against this form of discrimination. This bill exempts
apartments of five units or less.

LEGISLATIVE HISTORY:
2012: Referred to Investigations and Government Operations
2010: S.6170 (Schneiderman)
2008: S 5204-A/A.7861-A (Smith/Greene)

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   168

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 unlawful discriminato-
  ry practices in housing based on lawful source of income

  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  "LAWFUL  SOURCE  OF  INCOME" SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FEDERAL HOUSING SUBSIDY KNOWN AS "SECTION EIGHT".
  S 2. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
paragraph (c-1) as added 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, LAWFUL SOURCE OF
INCOME  or  familial  status  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, LAWFUL SOURCE OF INCOME or familial
status 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00256-01-3

S. 168                              2

tation, membership in the reserve armed forces of the United  States  or
in  the organized militia of the state, age, sex, marital status, LAWFUL
SOURCE OF INCOME or familial status 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.
  (c-1)  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
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,  LAWFUL
SOURCE  OF  INCOME  or  familial  status, or any intent to make any such
limitation, specification or discrimination.
  S 3. Subparagraphs 1, 2 and 3 of paragraph (a)  of  subdivision  5  of
section  296 of the executive law, as amended by chapter 106 of the laws
of 2003, are amended to read as follows:
  (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, LAWFUL SOURCE OF INCOME or
familial status 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, LAWFUL SOURCE OF INCOME or familial status 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
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,  LAWFUL
SOURCE  OF  INCOME  or  familial  status, or any intent to make any such
limitation, specification or discrimination.
  S 4. Section 296 of the executive law  is  amended  by  adding  a  new
subdivision 20 to read as follows:
  20.  THE  PROVISIONS  OF  THIS SUBDIVISION, AS THEY RELATE TO UNLAWFUL
DISCRIMINATORY PRACTICES ON THE BASIS OF LAWFUL SOURCE OF INCOME,  SHALL
NOT  APPLY  TO  HOUSING  ACCOMMODATIONS  THAT CONTAIN A TOTAL OF FIVE OR
FEWER HOUSING UNITS, PROVIDED, HOWEVER:
  (A) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO TENANTS  SUBJECT
TO RENT CONTROL LAWS WHO RESIDE IN HOUSING ACCOMMODATIONS THAT CONTAIN A
TOTAL  OF  FIVE OR FEWER UNITS AS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
SION; AND PROVIDED, HOWEVER:
  (B) THE PROVISIONS OF THIS SUBDIVISION  SHALL  APPLY  TO  ALL  HOUSING
ACCOMMODATIONS,  REGARDLESS OF THE NUMBER OF UNITS CONTAINED IN EACH, OF
ANY PERSON WHO HAS THE RIGHT TO SELL, RENT OR LEASE OR APPROVE THE SALE,

S. 168                              3

RENTAL OR LEASE OF AT LEAST ONE HOUSING ACCOMMODATION  WITHIN  NEW  YORK
STATE  THAT  CONTAINS  SIX  OR  MORE HOUSING UNITS, CONSTRUCTED OR TO BE
CONSTRUCTED, OR AN INTEREST THEREIN.
  S  5.  The  executive  law is amended by adding a new section 298-b to
read as follows:
  S 298-B. PUNITIVE PENALTIES FOR CERTAIN VIOLATIONS.    NOTWITHSTANDING
ANY  PROVISION  OF LAW TO THE CONTRARY, IN ANY FINDING OF A VIOLATION OF
SUBDIVISION TWO-A OR SUBDIVISION FIVE OF SECTION TWO HUNDRED  NINETY-SIX
OF  THIS  ARTICLE,  WHERE  SUCH VIOLATION INVOLVES DISCRIMINATION ON THE
BASIS OF LAWFUL SOURCE OF INCOME THE COMMISSIONER SHALL IMPOSE  A  PUNI-
TIVE  PENALTY  OF NOT LESS THAN TWENTY-FIVE HUNDRED DOLLARS AND NOT MORE
THAN FIVE THOUSAND DOLLARS AGAINST THE OWNER, LESSEE, SUB-LESSEE, ASSIG-
NEE, OR MANAGING AGENT OF SUCH HOUSING ACCOMMODATION FOUND IN VIOLATION.
  S 6. This act shall take effect immediately and  shall  apply  to  all
causes of action filed on and after such effective date.

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