S T A T E O F N E W Y O R K
________________________________________________________________________
2943
2011-2012 Regular Sessions
I N A S S E M B L Y
January 21, 2011
___________
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 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
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.
LBD06148-01-1
A. 2943 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. 2943 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.