The New York State Senate

S83A (ACTIVE) - Bill Texts

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Relates to rental discrimination based on income.

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BILL NUMBER:S83A

TITLE OF BILL:
An act
to amend the executive law,
in relation to discrimination based upon
the income of persons

PURPOSE:
To prevent housing discrimination based upon the source of income of
individuals; makes discrimination by landlords based on a tenant's
Source of income illegal under New York State Human Rights Law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new subdivision 35 to section 292 of the executive
law defining the term "lawful Source of income" to include, but not
be limited to, wages, income derived from social security, federal or
state public assistance, and housing and rental subsidies such as
section 8 vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the
executive law to add the language "or source of income" as a category
protected from discrimination.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "or source of income" to
all sections for inclusion against discrimination, refusal to rent
and to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to
add the language "or source of income" as a protected status form
discrimination in relation to housing to the New York State Human
Rights Law.
Subsection (a) extends protections against the practices of an owner,
lessee, sub-lease, or managing agent, or any other person having the
right to sell, rent or lease a housing accommodation. Subsection (b)
extends protections against the practices of an owner, lessee,
sublease, or managing agent, or any other person having the right to
sell, rent or lease land or commercial space. Subsection (c) extends
protections against the practices of a real estate broker, real
estate sales person, or agent. Subsection (d) extends protections
against the practices of a real estate board.

Section 5 amends section 296 of the executive law to add a new
subdivision (22) that exempts housing accommodations that contain a
total of five or fewer housing units located within a municipality
that had a local law pertaining to such discriminatory practices,
which exempted housing accommodations that contained five or fewer
housing units from such prohibition, in existence prior to the
effective date of this bill. If the local law is subsequently
repealed, the provisions of this bill would then apply to such
housing accommodations. Notwithstanding this exemption, the
prohibition on unlawful discriminatory practices based on source of
income in this bill 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 bill, and to all housing
accommodations, regardless of the number of units contained in each,
of any owner or any agent who has the right to sell, rent, or lease
at least one housing accommodation within the state of New York that
contains six or more housing units.

Section 6 contains the effective date.

JUSTIFICATION:
Currently, New York State law does not prevent landlords from
discrimination based on a person's source of income. As a result,
landlords often reject tenants with rental subsidies, such as section
8 and subsidies tied to the Nursing Facility Transition and Diversion
and Traumatic Brain Injury Medicaid Waivers. Many people with
disabilities rely on those subsidies and other assistance programs to
live independently in the community. This legislation would make
discrimination by landlords based on a tenant's source of income
illegal under New York State Human Rights Law. Similar laws have
already been passed in New York City and Nassau.

PRIOR LEGISLATIVE HISTORY:
2010: S.7613-A (Passed Senate)/A.10689-A (Passed Assembly)- Vetoed

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  83--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  SQUADRON,  ADDABBO,  KRUEGER, OPPENHEIMER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Investigations  and  Government Operations -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to  discrimination  based
  upon the income of persons

  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 "SOURCE OF  INCOME"  SHALL  INCLUDE:  WAGES  FROM  LAWFUL
EMPLOYMENT;  CHILD  SUPPORT;  ALIMONY;  FOSTER  CARE  SUBSIDIES;  INCOME
DERIVED FROM SOCIAL SECURITY, OR ANY FORM OF  FEDERAL,  STATE  OR  LOCAL
PUBLIC  ASSISTANCE; HOUSING AND RENTAL SUBSIDIES AND ASSISTANCE, INCLUD-
ING SECTION 8 VOUCHERS; SAVINGS, INVESTMENT AND TRUST ACCOUNTS; AND  ANY
OTHER FORMS OF LAWFUL INCOME.
  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, SOURCE OF INCOME, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00449-13-1

S. 83--A                            2

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, SOURCE OF INCOME, 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, SOURCE OF INCOME, sex or marital status,
or having a disability is unwelcome, objectionable  or  not  acceptable,
desired or solicited.
  S  3. Paragraphs (a), (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:
  (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  SOURCE OF INCOME 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, [or] familial status, OR SOURCE OF
INCOME 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, [or]
familial status, OR SOURCE OF INCOME 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 4. 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, national origin, sexual orientation, military
status, sex, age, disability, marital status, [or] familial  status,  OR
SOURCE  OF  INCOME  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, [or] familial status, OR SOURCE OF  INCOME  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

S. 83--A                            3

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,  [or]
familial  status,  OR  SOURCE  OF INCOME, 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
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, national origin, sexual orientation, military
status, sex, age, disability, marital status, [or] familial  status,  OR
SOURCE  OF  INCOME  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, [or] familial status, OR SOURCE OF  INCOME  in  the
terms, conditions 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, national origin, sexual orien-
tation, military status, sex,  age,  disability,  marital  status,  [or]
familial  status,  OR  SOURCE  OF INCOME; 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

S. 83--A                            4

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, national origin, sexual orientation, military
status, sex, age, disability, marital status, [or] familial  status,  OR
SOURCE  OF  INCOME  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
SOURCE OF INCOME 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 SOURCE  OF  INCOME;
or  any  intent  to make any such limitation, specification or discrimi-
nation.
  (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, national origin, sexual
orientation, military status, age, sex, disability, marital status, [or]
familial  status, OR SOURCE OF INCOME of any individual who is otherwise
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

S. 83--A                            5

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
shall  prohibit a member of the state organized militia from voluntarily
disclosing such membership.
  S 5. Section 296 of the executive law  is  amended  by  adding  a  new
subdivision 22 to read as follows:
  22. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, TWO-A, AND
FIVE OF THIS SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINA-
TORY  PRACTICES  BASED  ON  SOURCE  OF INCOME, SUCH PROVISIONS SHALL NOT
APPLY TO HOUSING ACCOMMODATIONS THAT CONTAIN A TOTAL OF  FIVE  OR  FEWER
HOUSING  UNITS  LOCATED  WITHIN  A  MUNICIPALITY  THAT  HAD  A LOCAL LAW
PERTAINING TO SUCH  DISCRIMINATORY  PRACTICES,  WHICH  EXEMPTED  HOUSING
ACCOMMODATIONS  THAT  CONTAINED  FIVE  OR  FEWER HOUSING UNITS FROM SUCH
PROHIBITION, IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF  THIS  SUBDIVI-
SION,  PROVIDED,  HOWEVER,  THAT IF SUCH LOCAL LAW IS REPEALED AFTER THE
EFFECTIVE DATE OF THIS  SUBDIVISION,  THE  PROVISIONS  OF  THIS  SECTION
RELATING  TO  THE PROHIBITION OF UNLAWFUL DISCRIMINATORY PRACTICES BASED
ON SOURCE OF INCOME SHALL APPLY TO SUCH HOUSING ACCOMMODATIONS.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  THE  PROVISIONS  OF  SUBDIVISIONS  TWO,  TWO-A,  AND FIVE OF THIS
SECTION RELATING TO THE PROHIBITION OF UNLAWFUL DISCRIMINATORY PRACTICES
BASED ON SOURCE OF INCOME SHALL APPLY (I) 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 SUBDIVISION; AND
(II) TO ALL HOUSING ACCOMMODATIONS, REGARDLESS OF THE  NUMBER  OF  UNITS
CONTAINED  IN  EACH, OF ANY OWNER OR ANY AGENT THEREOF WHO HAS THE RIGHT
TO SELL, RENT OR LEASE OR APPROVE THE SALE, RENTAL OR LEASE OF AT  LEAST
ONE HOUSING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX
OR  MORE HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN INTEREST
THEREIN.
  S 6. This act shall take effect immediately.