Senate Bill S6170

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

                                  6170

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                           September 18, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry practices in housing based on lawful source of income

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

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 34 to read as follows:
  34.  THE  TERM  "LAWFUL  SOURCE  OF  INCOME" SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FEDERAL HOUSING SUBSIDY KNOWN AS "SECTION EIGHT".
  S 2. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
to read as follows:
  (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
hold  from  any  person  or group of persons such housing accommodations
because of the race, creed, color, disability, national  origin,  sexual
orientation, military status, age, sex, marital status, LAWFUL SOURCE OF
INCOME  or  familial  status  of such person or persons, or to represent
that any housing accommodation or land is not available for  inspection,
sale, rental or lease when in fact it is so available.
  (b)  To  discriminate  against  any person because of his or her race,
creed, color, disability, national origin, sexual orientation,  military
status,  age,  sex,  marital status, LAWFUL SOURCE OF INCOME or familial
status in the terms, conditions or privileges of  any  publicly-assisted
housing accommodations or in the furnishing of facilities or services in
connection therewith.
  (c) To cause to be made any written or oral inquiry or record concern-
ing  the  race, creed, color, disability, national origin, sexual orien-
tation, membership in the reserve armed forces of the United  States  or
in  the organized militia of the state, age, sex, marital status, LAWFUL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04473-01-9
              

S. 6170                             2

SOURCE OF INCOME or familial status of a person seeking to rent or lease
any publicly-assisted housing  accommodation;  provided,  however,  that
nothing in this subdivision shall prohibit a member of the reserve armed
forces  of  the  United  States or in the organized militia of the state
from voluntarily disclosing such membership.
  (c-1) To print or circulate or cause to be printed or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation  or
to  make  any  record  or  inquiry  in  connection  with the prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation,  military  status,  sex, age, disability, marital status, LAWFUL
SOURCE OF INCOME or familial status, or any  intent  to  make  any  such
limitation, specification or discrimination.
  S  3.  Subparagraphs  1,  2 and 3 of paragraph (a) of subdivision 5 of
section 296 of the executive law, as amended by chapter 106 of the  laws
of 2003, are amended to read as follows:
  (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
from any person or group of persons such a housing accommodation because
of the race, creed, color, national origin, sexual orientation, military
status, sex, age, disability, marital status, LAWFUL SOURCE OF INCOME or
familial  status  of  such  person  or persons, or to represent that any
housing accommodation or land is not  available  for  inspection,  sale,
rental or lease when in fact it is so available.
  (2)  To discriminate against any person because of race, creed, color,
national origin, sexual orientation, military status, sex, age, disabil-
ity, marital status, LAWFUL SOURCE OF INCOME or familial status  in  the
terms, conditions or privileges of the sale, rental or lease of any such
housing  accommodation or in the furnishing of facilities or services in
connection therewith.
  (3) To print or circulate or cause to be  printed  or  circulated  any
statement,  advertisement or publication, or to use any form of applica-
tion for the purchase, rental or lease of such housing accommodation  or
to  make  any  record  or  inquiry  in  connection  with the prospective
purchase,  rental  or  lease  of  such  a  housing  accommodation  which
expresses,  directly  or  indirectly,  any  limitation, specification or
discrimination as to race, creed, color, national origin, sexual  orien-
tation,  military  status,  sex, age, disability, marital status, LAWFUL
SOURCE OF INCOME or familial status, or any  intent  to  make  any  such
limitation, specification or discrimination.
  S 4. Subdivision 20 of section 296 of the executive law, as renumbered
by  chapter  204 of the laws of 1996, is renumbered subdivision 21 and a
new subdivision 20 is added to read as follows:
  20. THE PROVISIONS OF THIS SUBDIVISION, AS  THEY  RELATE  TO  UNLAWFUL
DISCRIMINATORY  PRACTICES ON THE BASIS OF LAWFUL SOURCE OF INCOME, SHALL
NOT APPLY TO HOUSING ACCOMMODATIONS THAT CONTAIN  A  TOTAL  OF  FIVE  OR
FEWER HOUSING UNITS, PROVIDED, HOWEVER:
  (A)  THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO TENANTS SUBJECT
TO RENT CONTROL LAWS WHO RESIDE IN HOUSING ACCOMMODATIONS THAT CONTAIN A
TOTAL OF FIVE OR FEWER UNITS AS OF THE EFFECTIVE DATE OF  THIS  SUBDIVI-
SION; AND PROVIDED, HOWEVER:
  (B)  THE  PROVISIONS  OF  THIS  SUBDIVISION SHALL APPLY TO ALL HOUSING
ACCOMMODATIONS, REGARDLESS OF THE NUMBER OF UNITS CONTAINED IN EACH,  OF
ANY PERSON WHO HAS THE RIGHT TO SELL, RENT OR LEASE OR APPROVE THE SALE,
RENTAL  OR  LEASE  OF AT LEAST ONE HOUSING ACCOMMODATION WITHIN NEW YORK

S. 6170                             3

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