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

                                  3448

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. DESTITO, PAULIN, GALEF, SCHROEDER, M. MILLER,
  GIBSON, CASTRO -- Multi-Sponsored by -- M. of A.  DUPREY,  McENENY  --
  read once and referred to the Committee on Governmental Operations

AN  ACT  to  amend  the executive law, in relation to preventing housing
  discrimination against victims of domestic  violence;  and  to  repeal
  certain provisions of such law relating thereto

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

  Section 1. Subdivision 34 of section  292  of  the  executive  law  is
REPEALED and a new subdivision 34 is added to read as follows:
  34.  THE  TERM  "VICTIM  OF DOMESTIC VIOLENCE" MEANS A PERSON WHO IS A
VICTIM OF AN ACT WHICH WOULD CONSTITUTE A VIOLATION OF  THE  PENAL  LAW,
INCLUDING,  BUT  NOT LIMITED TO, AN ACT AS DEFINED IN SUBDIVISION ONE OF
SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, WHERE SUCH ACT  IS
OR HAS ALLEGED TO HAVE BEEN COMMITTED BY A FAMILY OR HOUSEHOLD MEMBER AS
DEFINED IN SUBDIVISION  ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMI-
LY COURT ACT.
  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, [or] disability [or], marital status, OR STATUS AS
A  VICTIM OF DOMESTIC VIOLENCE 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06175-01-1
              

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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, [or] disability [or],
marital  status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, 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, sex [or], marital status, OR  STATUS  AS  A  VICTIM  OF
DOMESTIC VIOLENCE, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
  S  3. 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,  [or]  familial
status,  OR  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE 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 STATUS  AS  A
VICTIM  OF  DOMESTIC  VIOLENCE 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 STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 organ-
ized 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,  [or]
familial  status,  OR  STATUS  AS  A VICTIM OF DOMESTIC VIOLENCE, or any
intent to make any such limitation, specification or discrimination.
  S 4. Subdivisions 3-b and 4 of section 296 of the  executive  law,  as
amended  by  chapter  106  of  the  laws of 2003, are amended to read as
follows:
  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, national origin, sexual orientation,

A. 3448                             3

military status, sex, disability, marital status, [or] familial  status,
OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 consequences 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.
  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, religion,  disa-
bility,  national  origin, sexual orientation, military status, sex, age
[or], marital status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE, 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 5. Paragraphs (a), (b), (c) and (d) 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:
  (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
STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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 STATUS AS A VICTIM OF
DOMESTIC VIOLENCE 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]
familial status, OR STATUS AS A VICTIM  OF  DOMESTIC  VIOLENCE,  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

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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
STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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  STATUS  AS  A  VICTIM  OF
DOMESTIC  VIOLENCE  in  the terms, conditions or privileges of the sale,
rental or lease of any such land or commercial space; or in the furnish-
ing 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 STATUS AS A VICTIM  OF  DOMESTIC  VIOLENCE;  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, national origin, sexual orientation, military

A. 3448                             5

status, sex, age, disability, marital status, [or] familial  status,  OR
STATUS AS A VICTIM OF DOMESTIC VIOLENCE 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  accommo-
dation, land or commercial space or any facilities of any housing accom-
modation,  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 STATUS AS A VICTIM OF DOMESTIC VIOLENCE  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 STATUS AS A VICTIM
OF DOMESTIC VIOLENCE; or any intent to make any such  limitation,  spec-
ification 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, national origin, sexual
orientation, military status, age, sex, disability, marital status, [or]
familial status, OR STATUS AS A VICTIM OF DOMESTIC VIOLENCE of any indi-
vidual who is otherwise qualified for membership, to  exclude  or  expel
such  individual  from membership, or to discriminate against such indi-
vidual in the terms, conditions and privileges  of  membership  in  such
board.
  S  6.  Section  296  of  the  executive law is amended by adding a new
subdivision 22 to read as follows:
  22. NO PROVISION OF THIS SECTION SHALL BE  CONSTRUED  TO  PROHIBIT  AN
OWNER,  LESSEE,  SUBLESSEE,  ASSIGNEE,  OR MANAGING AGENT OF ANY HOUSING
ACCOMMODATION, PUBLIC OR PRIVATE, OR OTHER PERSON HAVING  THE  RIGHT  OF
OWNERSHIP  OR POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH AN ACCOM-
MODATION, FROM MAKING ANY INQUIRY OR OBTAINING OR RETAINING  INFORMATION
ABOUT  AN  INDIVIDUAL'S  DOMESTIC  VIOLENCE VICTIM STATUS SOLELY FOR THE
PURPOSE OF:
  (A) PROVIDING OR PRESERVING RESIDENCY IN ANY PUBLIC OR PRIVATE HOUSING
FOR THAT VICTIM OF DOMESTIC VIOLENCE;
  (B) PROVIDING ANY OTHER ASSISTANCE TO A VICTIM OF  DOMESTIC  VIOLENCE,
THE  PURPOSE  OF  WHICH  IS TO ASSIST RATHER THAN TO HINDER OBTAINING OR
RETAINING ANY PUBLIC OR PRIVATE HOUSING; OR

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  (C) RESPONDING TO AN INQUIRY OR REQUEST BY AN  APPLICANT,  TENANT,  OR
LEASEHOLDER WHO IS A VICTIM OF DOMESTIC VIOLENCE.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law.