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

                                  5947

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, V. LOPEZ, POWELL -- Multi-Sponsored by
  --  M.  of  A. DIAZ, J. RIVERA, TOWNS -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law and the civil rights law, in  relation
  to outlawing discrimination because of alien status

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

  Section 1. Subdivisions 1 and 2 of section 291 of the  executive  law,
as  amended  by  chapter 106 of the laws of 2003, are amended to read as
follows:
  1. The opportunity to obtain employment without discrimination because
of age, race, creed, color, ALIEN STATUS, national origin, sexual orien-
tation, military status, sex or marital status is hereby  recognized  as
and declared to be a civil right.
  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, ALIEN STATUS, national origin,  sexual  orientation,
military  status,  sex  or  marital  status, as specified in section two
hundred ninety-six of this article, is hereby recognized as and declared
to be a civil right.
  S 2. Section 292 of the executive law  is  amended  by  adding  a  new
subdivision 34 to read as follows:
  34. THE TERM "ALIEN STATUS" MEANS:
  (A) THE CITIZENSHIP STATUS OF ANY PERSON; OR
  (B)  THE  IMMIGRATION  STATUS  OF  ANY  PERSON WHO IS NOT A CITIZEN OR
NATIONAL OF THE UNITED STATES, BUT WHO IS AUTHORIZED TO  ACCEPT  EMPLOY-
MENT UNDER THE POLICIES AND PRACTICES OF THE IMMIGRATION AND NATIONALITY
ACT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08375-01-9

A. 5947                             2
              

  S  3.  Subdivisions  8  and  9 of section 295 of the executive law, as
amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
follows:
  8. To create such advisory councils, local, regional or state-wide, as
in  its  judgment  will aid in effectuating the purposes of this article
and of section eleven of article one of the constitution of this  state,
and  the  division  may  empower them to study the problems of discrimi-
nation in all or specific fields of human relationships or  in  specific
instances  of  discrimination  because of age, race, creed, color, ALIEN
STATUS, national origin, sexual orientation, military status, sex, disa-
bility or marital status and make recommendations to  the  division  for
the  development  of  policies and procedures in general and in specific
instances. The advisory  councils  also  shall  disseminate  information
about  the  division's  activities  to  organizations and individuals in
their localities. Such advisory councils shall be composed of  represen-
tative  citizens, serving without pay, but with reimbursement for actual
and necessary traveling expenses; and the division  may  make  provision
for  technical  and  clerical  assistance  to  such councils and for the
expenses of such assistance.
  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 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, ALIEN STATUS, national origin, sexual orien-
tation, military status, sex, disability or marital status.
  S  4. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
of the executive law, as amended by chapter 75 of the laws of 2005,  are
amended to read as follows:
  (a)  For  an  employer  or licensing agency, because of the age, race,
creed, color, ALIEN STATUS, national origin, sexual  orientation,  mili-
tary  status,  sex, disability, predisposing genetic characteristics, or
marital status of any individual, to refuse to hire or employ or to  bar
or  to  discharge  from  employment  such  individual or to discriminate
against such individual in compensation or in terms, conditions or priv-
ileges of employment.
  (b) For an employment agency to discriminate  against  any  individual
because of age, race, creed, color, ALIEN STATUS, national origin, sexu-
al  orientation,  military status, sex, disability, predisposing genetic
characteristics, or marital status, in receiving, classifying, disposing
or otherwise acting upon applications for its services or  in  referring
an applicant or applicants to an employer or employers.
  (c)  For a labor organization, because of the age, race, creed, color,
ALIEN STATUS, national origin, sexual orientation, military status, sex,
disability, predisposing genetic characteristics, or marital  status  of
any individual, to exclude or to expel from its membership such individ-
ual  or to discriminate in any way against any of its members or against
any employer or any individual employed by an employer.
  (d) For any employer or employment agency to  print  or  circulate  or
cause to be printed or circulated any statement, advertisement or publi-
cation,  or to use any form of application for employment or to make any
inquiry in  connection  with  prospective  employment,  which  expresses
directly  or indirectly, any limitation, specification or discrimination
as to age, race, creed, color, ALIEN  STATUS,  national  origin,  sexual
orientation,  military  status,  sex,  disability,  predisposing genetic

A. 5947                             3

characteristics, or marital status, or any intent to make any such limi-
tation, specification or discrimination, unless based upon a  bona  fide
occupational  qualification;  provided, however, that neither this para-
graph  nor any provision of this chapter or other law shall be construed
to prohibit the department of civil service or the department of person-
nel of any city containing more than one county from requesting informa-
tion from applicants for civil service examinations  concerning  any  of
the  aforementioned  characteristics, other than sexual orientation, for
the purpose of conducting studies to identify and resolve possible prob-
lems in recruitment and testing of members of minority groups to  insure
the fairest possible and equal opportunities for employment in the civil
service  for  all  persons, regardless of age, race, creed, color, ALIEN
STATUS, national origin, sexual orientation, military status, sex, disa-
bility, predisposing genetic characteristics, or marital status.
  S  5. Paragraphs (b), (c) and (d) of subdivision 1-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  deny  to  or withhold from any person because of race, creed,
color, ALIEN  STATUS,  national  origin,  sexual  orientation,  military
status,  sex,  age,  disability[,]  or  marital  status, the right to be
admitted to or participate in  a  guidance  program,  an  apprenticeship
training   program,  on-the-job  training  program,  executive  training
program, or other occupational training or retraining program;
  (c) To discriminate against any person in his or her pursuit  of  such
programs  or  to discriminate against such a person in the terms, condi-
tions or privileges of such programs  because  of  race,  creed,  color,
ALIEN STATUS, national origin, sexual orientation, military status, sex,
age, disability or marital status;
  (d)  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  such  programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any  limitation,  spec-
ification  or  discrimination  as  to  race, creed, color, ALIEN STATUS,
national origin, sexual orientation, military status, sex, age, disabil-
ity or marital status, or any intention to  make  any  such  limitation,
specification  or  discrimination,  unless  based on a bona fide occupa-
tional qualification.
  S 6. 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, ALIEN STATUS, national origin, sexual
orientation,  military status, sex, [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 privi-
leges thereof, including the extension of credit, or, directly or  indi-
rectly,  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, ALIEN STATUS, national origin, sexual
orientation, military status, sex, [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, ALIEN STATUS, national origin,

A. 5947                             4

sexual orientation, military status,  sex  [or],  marital  status[,]  or
having  a  disability  is  unwelcome,  objectionable  or not acceptable,
desired or solicited.
  S  7. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a and subdi-
vision 3-b of section 296 of the executive law, paragraphs (a), (b)  and
(c)  of  subdivision  2-a  and  subdivision 3-b as amended and paragraph
(c-1) of subdivision 2-a 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, ALIEN STATUS, disability, national
origin, sexual orientation, military status, age, sex,  marital  status,
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, ALIEN STATUS, disability, national origin,  sexual  orien-
tation, military status, age, sex, marital status, 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, ALIEN STATUS, disability, national origin,
sexual orientation, 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  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, ALIEN STATUS, national  origin,
sexual  orientation,  military  status,  sex,  age,  disability, marital
status, or familial status, or any intent to make any  such  limitation,
specification or discrimination.
  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, ALIEN STATUS, national origin, sexu-
al  orientation,  military  status,  sex, disability, 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 conse-
quences in the block, neighborhood 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.

A. 5947                             5

  S  8. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  4.  It  shall  be an unlawful discriminatory practice for an education
corporation or association which holds itself out to the  public  to  be
non-sectarian  and  exempt  from  taxation pursuant to the provisions of
article four of the real property tax law to deny the use of its facili-
ties to any person otherwise qualified, or to permit the  harassment  of
any  student  or  applicant, by reason of his race, color, ALIEN STATUS,
religion, disability,  national  origin,  sexual  orientation,  military
status,  sex,  age  or  marital status, except that any such institution
which establishes or maintains a policy of educating persons of one  sex
exclusively may admit students of only one sex.
  S  9. 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, ALIEN STATUS, national origin, sexual orien-
tation, military status, sex, age, disability, marital status, or  fami-
lial  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,
ALIEN STATUS, national origin, sexual orientation, military status, sex,
age, disability, marital status, or familial status in the terms, condi-
tions 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, ALIEN STATUS, national  origin,
sexual  orientation,  military  status,  sex,  age,  disability, marital
status, or familial status, 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

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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,  ALIEN STATUS, national origin, sexual orien-
tation, military status, sex, age, disability, marital status, or  fami-
lial  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,
ALIEN STATUS, national origin, sexual orientation, military status, sex,
age, disability, marital status, or familial status in the terms, condi-
tions 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, ALIEN STATUS, national  origin,
sexual  orientation,  military  status,  sex,  age,  disability, marital
status, or familial status; 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
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,  ALIEN STATUS, national origin, sexual orien-
tation, military status, sex, age, disability, marital status, or  fami-
lial  status 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 commercial 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,
ALIEN STATUS, national origin, sexual orientation, military status, sex,

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age, disability, marital status, or familial status 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, ALIEN  STATUS,  national  origin,  sexual  orientation,  military
status, sex, age, disability, marital status, or familial status; or any
intent to make any such limitation, specification or discrimination.
  (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, ALIEN STATUS,  national
origin,  sexual orientation, military status, [age,] sex, AGE, disabili-
ty, marital status, or familial status of any individual who  is  other-
wise  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
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

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shall  prohibit a member of the state organized militia from voluntarily
disclosing such membership.
  S  10.  Subdivisions 1 and 2 of section 296-a of the executive law, as
amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
follows:
  1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
  a.  In  the  case  of  applications  for  credit  with  respect to the
purchase, acquisition, construction, rehabilitation, repair  or  mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate  against  any  such  applicant  because of the race, creed, color,
ALIEN STATUS, national origin, sexual orientation, military status, age,
sex, marital status, disability, or familial status of such applicant or
applicants or any member, stockholder, director, officer or employee  of
such applicant or applicants, or of the prospective occupants or tenants
of  such  housing accommodation, land or commercial space, in the grant-
ing, withholding, extending or renewing, or in the fixing of the  rates,
terms or conditions of, any such credit;
  b.  To  discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form  of
credit,  on  the  basis  of  race,  creed, color, ALIEN STATUS, national
origin, sexual orientation, military status, age, sex,  marital  status,
disability, or familial status;
  c. To use any form of application for credit or use or make any record
or  inquiry  which  expresses,  directly  or indirectly, any limitation,
specification, or discrimination as to race, creed, color, ALIEN STATUS,
national origin, sexual orientation, military status, age, sex,  marital
status, disability, or familial status;
  d.  To make any inquiry of an applicant concerning his or her capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
  e. To refuse to consider  sources  of  an  applicant's  income  or  to
subject  an  applicant's  income  to  discounting,  in whole or in part,
because of an applicant's race, creed,  color,  ALIEN  STATUS,  national
origin,  sexual  orientation, military status, age, sex, marital status,
childbearing potential, disability, or familial status;
  f. To discriminate  against  a  married  person  because  such  person
neither uses nor is known by the surname of his or her spouse.
  This  paragraph  shall  not  apply to any situation where the use of a
surname would constitute or result in a criminal act.
  2. Without limiting the generality of subdivision one of this section,
it shall be considered discriminatory if, because of an  applicant's  or
class  of applicants' race, creed, color, ALIEN STATUS, national origin,
sexual orientation, military status, age, sex, marital status  or  disa-
bility,  or  familial status, (i) an applicant or class of applicants is
denied credit in circumstances where other applicants  of  like  overall
credit  worthiness  are  granted credit, or (ii) special requirements or
conditions,  such  as  requiring  co-obligors  or   reapplication   upon
marriage,  are  imposed  upon  an  applicant  or  class of applicants in
circumstances where similar requirements or conditions are  not  imposed
upon other applicants of like overall credit worthiness.
  S  11.  Section  296-a of the executive law is amended by adding a new
subdivision 3-b to read as follows:
  3-B.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, OR  OF  ANY
LAW,  RULE  OR  REGULATION  TO  THE CONTRARY IT SHALL NOT BE AN UNLAWFUL
DISCRIMINATORY PRACTICE FOR ANY PERSON TO:

A. 5947                             9

  A. MAKE CREDIT DIFFERENTIATIONS OR DECISIONS RELATING  TO  CREDIT,  IF
SUCH CREDIT DIFFERENTIATIONS OR DECISIONS ARE BASED UPON THE APPLICANT'S
ALIEN STATUS;
  B.  MAKE ANY INQUIRY AS TO THE APPLICANT'S ALIEN STATUS; OR
  C.  GIVE  PREFERENCE  TO  AN  APPLICANT WHO IS A CITIZEN OF THE UNITED
STATES, OVER AN APPLICANT OF LIKE OVERALL CREDIT  WORTHINESS  WHO  IS  A
RESIDENT ALIEN, WHEN SUCH PREFERENCE IS MANDATED OR PERMITTED BY ANY LAW
OR REGULATION OF THE UNITED STATES.
  S  12.  Subdivision  2  of  section  40-c  of the civil rights law, as
amended by chapter 2 of the laws of 2002, is amended to read as follows:
  2. No person shall, because  of  race,  creed,  color,  ALIEN  STATUS,
national  origin, sex, marital status, sexual orientation or disability,
as such [term is] TERMS ARE defined in section two hundred ninety-two of
the executive law, be subjected to any  discrimination  in  his  or  her
civil  rights, or to any harassment, as defined in section 240.25 of the
penal law, in the exercise thereof, by any other person or by any  firm,
corporation or institution, or by the state or any agency or subdivision
of the state.
  S 13. This act shall take effect immediately.