senate Bill S2716

Makes it an unlawful discriminatory practice to discriminate in the terms, conditions or privileges of housing accommodations based upon source of 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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  • 23 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Makes it an unlawful discriminatory practice to discriminate in the terms, conditions or privileges, ownership, use, leasing, or occupancy of housing accommodations based upon the source of income.

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Bill Details

Versions:
S2716
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยงยง291, 292, 295 & 296, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3702
2009-2010: S3685

Sponsor Memo

BILL NUMBER:S2716

TITLE OF BILL: An act to amend the executive law, in relation to making
it an unlawful discriminatory practice to discriminate in the ownership,
use, leasing or occupancy of housing accommodations based upon source of
income

PURPOSE: To amend the executive law, in relation to making it an unlaw-
ful discriminatory practice to discriminate in the ownership, use, leas-
ing or occupancy of housing accommodations based upon the source of
income.

JUSTIFICATION: It is becoming more and more difficult for low-income
New Yorkers to afford decent housing for their families. As real estate
prices have skyrocketed, lower-income workers have been priced out of
the housing market and the demand for federal Section 8 Vouchers far
outpaces supply. There is also good reason to believe that many land-
lords discriminate against tenants with Section 8 Vouchers.

Federal fair housing law prohibits discrimination based on race, color,
national origin, religion, sex and family status, (including children
under the age of 18 living with parents or legal guardians, and pregnant
women) but in most states, landlords are permitted to discriminate
against prospective tenants who pay with Housing Choice Vouchers. There
are only twelve states that prohibit discrimination against prospective
renters based upon their source of income. When source of income
discrimination is prohibited, families in need are able to gain greater
access to decent, affordable housing.

Research consistently shows that economically integrated communities are
better able to utilize resources for better schools, social services and
employment, making it easier for lower-income families to break the
cycle of poverty. Families that spend less on housing are able to spend
more of their income in the local economy.

PRIOR LEGISLATIVE HISTORY: 05/11/06: Referred to Governmental Oper-
ations 11/14/07: Referred to Housing 01/09/08: Referred to Housing 2010:
A.5369/S.3685 Held in Investigations & Government Operations 2011:
A.3812 01/27/11 - Referred to Housing S.3702 03/02/11 -Referred to
Investigations and Government Operations 2012: A.3812 01/04/12 -
Referred to Housing S.3702 01/04/12 - Referred to Investigations and
Government Operations

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the first of July next
succeeding the date on which it shall have become a law.

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

                                  2716

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 making it an  unlawful
  discriminatory practice to discriminate in the ownership, use, leasing
  or occupancy of housing accommodations based upon source of income

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "source of income anti-discrimination act".
  S  2. Subdivision 2 of section 291 of the executive law, as amended by
chapter 196 of the laws of 2010, is amended to read as follows:
  2. The opportunity to obtain education, the use of  places  of  public
accommodation  and  the ownership, use and occupancy of housing accommo-
dations and commercial space  without  discrimination  because  of  age,
race,  creed,  color,  national  origin,  sexual  orientation,  military
status, SOURCE OF INCOME, sex, marital status, or disability, as  speci-
fied in section two hundred ninety-six of this article, is hereby recog-
nized as and declared to be a civil right.
  S  3.  Section  292  of  the  executive law is amended by adding a new
subdivision 35 to read as follows:
  35. THE TERM "SOURCE OF INCOME", WHEN USED IN THIS ARTICLE, MEANS  ANY
LAWFUL SOURCE OF INCOME PAID DIRECTLY OR INDIRECTLY TO A RENTER OR BUYER
OF HOUSING, INCLUDING:
  (A) ANY LAWFUL PROFESSION OR OCCUPATION;
  (B) ANY GOVERNMENT OR PRIVATE ASSISTANCE, GRANT OR LOAN PROGRAM;
  (C)  ANY  GIFT, INHERITANCE, PENSION, ANNUITY, ALIMONY, CHILD SUPPORT,
OR OTHER BENEFIT OR CONSIDERATION; OR
  (D) ANY SALE OR PLEDGE OF REAL OR PERSONAL PROPERTY,  OR  INTEREST  IN
REAL OR PERSONAL PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06038-01-3

S. 2716                             2

  S  4. Subdivision 9 of section 295 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate  this article and to issue such publications and such results
of investigations and research as in its [judgement] JUDGMENT will  tend
to inform persons of the rights assured and remedies provided under this
article,  to  promote good-will and minimize or eliminate discrimination
because of age, race, creed, color, national origin, sexual orientation,
military status, sex, disability  [or],  marital  status  OR  SOURCE  OF
INCOME.
  S  5. 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 6. 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.

S. 2716                             3

  (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,  [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

S. 2716                             4

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
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

S. 2716                             5

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
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 7. Section 296 of the executive law  is  amended  by  adding  a  new
subdivision 22 to read as follows:
  22.  NOTHING IN THIS SECTION PROHIBITING DISCRIMINATION BASED UPON THE
SOURCE OF INCOME SHALL BE DEEMED TO PROHIBIT ANY PERSON FROM:
  (A) REFUSING TO CONSIDER ANY INCOME DERIVED FROM ANY  CRIMINAL  ACTIV-
ITY; OR
  (B)  DETERMINING  THE  ABILITY OF A POTENTIAL BUYER OR RENTER TO PAY A
PURCHASE PRICE OR RENT BY:
  (I) VERIFYING, IN A COMMERCIALLY REASONABLE  MANNER,  THE  SOURCE  AND
AMOUNT OF INCOME OF A POTENTIAL BUYER OR RENTER, OR
  (II)  EVALUATING,  IN A COMMERCIALLY REASONABLE MANNER, THE STABILITY,
SECURITY AND CREDIT WORTHINESS OF A POTENTIAL BUYER OR RENTER, OR OF ANY
SOURCE OF INCOME OF A POTENTIAL BUYER OR RENTER.
  S 8. This act shall take effect on the first of July  next  succeeding
the date upon which it shall have become a law.

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