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
S. 5409 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,
S. 5409 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.
S. 5409 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
S. 5409 6
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,
S. 5409 7
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
S. 5409 8
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:
S. 5409 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.
