Assembly Bill A1208

2009-2010 Legislative Session

Prohibits discrimination based upon the occupation of a person under certain circumstances

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2010	advanced to third reading cal.735
Mar 16, 2010	reported
Mar 09, 2010	print number 1208a
Mar 09, 2010	amend and recommit to codes reported referred to codes
Jan 06, 2010	referred to governmental operations
Apr 09, 2009	advanced to third reading cal.305
Apr 06, 2009	reported reported referred to codes
Jan 07, 2009	referred to governmental operations

Bill Amendments

Original

A (Active)

2009-A1208 - Details

Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A2943

2009-A1208 - Summary

Prohibits discrimination based upon the occupation of a person under certain circumstances, such as seeking a house exclusively for residential purposes; defines the term "occupation".

2009-A1208 - Bill Text download pdf

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

                                  1208

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO, GOTTFRIED -- Multi-Sponsored by -- M. of
  A.  V. LOPEZ,  PERRY, TOWNS -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the executive law, in relation to prohibiting  discrimi-
  nation under certain circumstances based on a person's occupation

  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 34 to read as follows:
  34. THE TERM "OCCUPATION" INCLUDES ANY LAWFUL VOCATION, PROFESSION, OR
FIELD OF SPECIALIZATION.
  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, OCCUPATION, 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 on account
of race, creed, color, national  origin,  sexual  orientation,  military
status,  sex,  OCCUPATION,  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,

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

                                                           LBD03309-01-9

A. 1208                             2

military status, OCCUPATION, sex or marital status, or having a disabil-
ity is unwelcome, objectionable or not acceptable, desired or solicited.
  S  3. Paragraph (a) of subdivision 2-a of section 296 of the executive
law, as amended by chapter 106 of the laws of 2003, is 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 WHERE A HOUSING ACCOMMODATION IS SOUGHT EXCLUSIVELY FOR RESI-
DENTIAL PURPOSES, THE OCCUPATION of such person or persons, or to repre-
sent  that  any  housing  accommodation  or  land  is  not available for
inspection, sale, rental or lease when in fact it is so available.
  S 4. Paragraphs (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:
  (b) To discriminate against any person because of  his  or  her  race,
creed,  color, disability, national origin, sexual orientation, military
status, age, sex, OCCUPATION, marital status, or familial status in  the
terms,  conditions or privileges of any publicly-assisted housing accom-
modations 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, OCCUPATION, marital
status, 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.
  S  5.  Subparagraph 1 of paragraph (a) of 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:
  (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
WHERE A HOUSING ACCOMMODATION  IS  SOUGHT  EXCLUSIVELY  FOR  RESIDENTIAL
PURPOSES, THE OCCUPATION 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.
  S  6.  Subparagraphs  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:
  (2)  To discriminate against any person because of race, creed, color,
national origin, sexual orientation, military status, sex, age,  OCCUPA-
TION,  disability,  marital  status,  or  familial  status in the terms,
conditions or privileges of the sale, rental or lease of any such  hous-
ing  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

A. 1208                             3

expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation,  military  status,  sex,  age,  OCCUPATION,  disability, marital
status,  or  familial status, or any intent to make any such limitation,
specification or discrimination.
  S 7. Subparagraphs 1 and 2  of  paragraph  (c)  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 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
WHERE A HOUSING ACCOMMODATION  IS  SOUGHT  EXCLUSIVELY  FOR  RESIDENTIAL
PURPOSES, THE OCCUPATION 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
WHERE A HOUSING ACCOMMODATION  IS  SOUGHT  EXCLUSIVELY  FOR  RESIDENTIAL
PURPOSES, THE OCCUPATION 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 WHERE A HOUSING
ACCOMMODATION IS SOUGHT EXCLUSIVELY FOR RESIDENTIAL PURPOSES, THE  OCCU-
PATION;  or  any  intent  to  make any such limitation, specification or
discrimination.
  S 8. This act shall take effect immediately.

2009-A1208A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§292 & 296, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A2943

2009-A1208A (ACTIVE) - Summary

Prohibits discrimination based upon the occupation of a person under certain circumstances, such as seeking a house exclusively for residential purposes; defines the term "occupation".

2009-A1208A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A1208A

TITLE OF BILL:  An act to amend the executive law, in relation to
prohibiting discrimination under certain circumstances based on a
person's occupation

PURPOSE OR GENERAL IDEA OF BILL: To prohibit discrimination based on
occupation.

SUMMARY OF SPECIFIC PROVISIONS:  Section one of the bill amends S 292 of
the Executive Law to define occupation as any lawful vocation, profes-
sion, or field of specialization.

Section two amends subdivision two of S 296 of the Executive Law to
prohibit discrimination in any place of public accommodation, resort or
amusement on account of occupation.

Sections three and four amend subdivision 2-a of S 296 to prohibit
discrimination in publicly-assisted housing accommodations on account of
occupation.

Sections five through seven amend subdivision 5 of S 296 to prohibit
discrimination by an owner or agent thereof in the selling or leasing of
a housing accommodation where it is sought exclusively for residential
purposes on account of occupation.

JUSTIFICATION:  Increasingly, specific occupations have been targeted
for discrimination, particularly in housing sales and apartment rentals,
because of the perceived nature of these professions or occupations or
the people who engage in them.

For example, an environmental lawyer,in Bakersfield, California was
denied the opportunity to buy a house in a suburban development because
the developer refused to sell to lawyers.

The New York City Administrative Code has prohibited discrimination in
housing and rental accommodations based on a lawful occupation since
1986 (Local Law No. 59 of 1986). In that time, such cases have averaged
approximately 1-2 percent of the annual caseload for the City's Human
Rights Commission. While that may be a small percentage in terms of
incidence, it represents a significant and pernicious form of discrimi-
nation which deserves remediation on a statewide basis, especially since
it is often directed against unpopular, yet essential professions or
occupations. In New York City, a police detective who was a member of
the vice division was refused a rental opportunity. Other examples
include a screen writer, a correctional officer, a United Nations
employee and a law student.

PRIOR LEGISLATIVE HISTORY:
2009: A.1208 - Advanced to Assembly Calendar Third Reading.
2008: A.362-A - Advanced to Assembly Calendar Third Reading.
2007: A.362 - Advanced to Assembly Calendar Third Reading.

2005: A.54 (Sanders) - Reported to Codes Committee.
2004: A.4861-A (Sanders).- Reported to Codes Committee.
2003: A.4861 (Sanders) - Referred to Governmental Operations Committee.
2002: A.2257-A (Sanders) - Reported to Rules Committee.
2001: A.2257 (Sanders) - Referred to Governmental Operations Committee.

FISCAL  IMPLICATIONS:    Minimal since it is likely to result in a small
increase in the caseload of the State Division for Human Rights.

EFFECTIVE DATE:  This act shall take effect immediately.

2009-A1208A (ACTIVE) - Bill Text download pdf

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

                                 1208--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO, GOTTFRIED -- Multi-Sponsored by -- M. of
  A.  V. LOPEZ,  PERRY, TOWNS -- read once and referred to the Committee
  on Governmental Operations -- recommitted to the Committee on  Govern-
  mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
  reported  and  referred  to  the  Committee  on  Codes  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the executive law, in relation to prohibiting discrimi-
  nation under certain circumstances based on a person's occupation

  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 "OCCUPATION" INCLUDES ANY LAWFUL VOCATION, PROFESSION, OR
FIELD OF SPECIALIZATION.
  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, OCCUPATION, 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 on account

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

                                                           LBD03309-02-0

A. 1208--A                          2

of  race,  creed,  color,  national origin, sexual orientation, military
status, sex, OCCUPATION, 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, OCCUPATION, sex or marital status, or having a disabil-
ity is unwelcome, objectionable or not acceptable, desired or solicited.
  S 3. Paragraph (a) of subdivision 2-a of section 296 of the  executive
law,  as  amended by chapter 106 of the laws of 2003, is 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 WHERE A HOUSING ACCOMMODATION IS SOUGHT EXCLUSIVELY FOR RESI-
DENTIAL PURPOSES, THE OCCUPATION of such person or persons, or to repre-
sent that any  housing  accommodation  or  land  is  not  available  for
inspection, sale, rental or lease when in fact it is so available.
  S  4.  Paragraphs (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:
  (b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin, sexual orientation,  military
status,  age, sex, OCCUPATION, marital status, or familial status in the
terms, conditions or privileges of any publicly-assisted housing  accom-
modations  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,  OCCUPATION,  marital
status,  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.
  S 5. Subparagraph 1 of paragraph (a) of 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:
  (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
WHERE  A  HOUSING  ACCOMMODATION  IS  SOUGHT EXCLUSIVELY FOR RESIDENTIAL
PURPOSES, THE OCCUPATION 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.
  S 6. Subparagraphs 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:
  (2) To discriminate against any person because of race, creed,  color,
national  origin, sexual orientation, military status, sex, age, OCCUPA-
TION, disability, marital status,  or  familial  status  in  the  terms,
conditions  or privileges of the sale, rental or lease of any such hous-
ing accommodation or in the furnishing  of  facilities  or  services  in
connection therewith.

A. 1208--A                          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,  OCCUPATION,  disability,  marital
status,  or  familial status, or any intent to make any such limitation,
specification or discrimination.
  S 7. Subparagraphs 1 and 2  of  paragraph  (c)  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 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
WHERE A HOUSING ACCOMMODATION  IS  SOUGHT  EXCLUSIVELY  FOR  RESIDENTIAL
PURPOSES, THE OCCUPATION 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
WHERE A HOUSING ACCOMMODATION  IS  SOUGHT  EXCLUSIVELY  FOR  RESIDENTIAL
PURPOSES, THE OCCUPATION 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 WHERE A HOUSING
ACCOMMODATION IS SOUGHT EXCLUSIVELY FOR RESIDENTIAL PURPOSES, THE  OCCU-
PATION;  or  any  intent  to  make any such limitation, specification or
discrimination.
  S 8. This act shall take effect immediately.

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Assembly Bill A1208

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

2009-A1208 - Details

2009-A1208 - Summary

2009-A1208 - Bill Text download pdf

2009-A1208A (ACTIVE) - Details

2009-A1208A (ACTIVE) - Summary

2009-A1208A (ACTIVE) - Sponsor Memo

2009-A1208A (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A1208

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Sponsored By

DESTITO

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

2009-A1208 - Details

2009-A1208 - Summary

2009-A1208 - Bill Text download pdf

2009-A1208A (ACTIVE) - Details

2009-A1208A (ACTIVE) - Summary

2009-A1208A (ACTIVE) - Sponsor Memo

2009-A1208A (ACTIVE) - Bill Text download pdf

Comments