S T A T E O F N E W Y O R K
________________________________________________________________________
10163
I N A S S E M B L Y
May 9, 2012
___________
Introduced by M. of A. ESPINAL, CLARK, FARRELL, JAFFEE, MARKEY,
N. RIVERA, P. RIVERA, ROBERTS, STEVENSON -- Multi-Sponsored by -- M.
of A. CAHILL, GLICK, GOTTFRIED, HOOPER, JACOBS, SCHIMEL -- read once
and referred to the Committee on Governmental Operations
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00449-14-2
A. 10163 2
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
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]
A. 10163 3
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
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)
A. 10163 4
(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
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
A. 10163 5
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.