S T A T E O F N E W Y O R K
________________________________________________________________________
8605--A
2011-2012 Regular Sessions
I N A S S E M B L Y
September 21, 2011
___________
Introduced by M. of A. ROSENTHAL, V. LOPEZ, GOTTFRIED, HEVESI, LANCMAN,
DINOWITZ, COLTON, MAISEL, CYMBROWITZ, N. RIVERA, BOYLAND, CAMARA --
Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, CLARK, MENG, NOLAN,
REILLY, P. RIVERA, SCARBOROUGH, SCHIMEL, WEISENBERG -- read once and
referred to the Committee on Housing -- recommitted to the Committee
on Housing in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, in relation to a tenant blacklist
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 296 of the executive law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUBLESSEE, ASSIGNEE, OR MANAGING AGENT OF PUBLICLY-ASSISTED
HOUSING ACCOMMODATIONS OR OTHER PERSON HAVING THE RIGHT OF OWNERSHIP OR
POSSESSION OF OR THE RIGHT TO RENT OR LEASE SUCH ACCOMMODATIONS TO
REFUSE TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM ANY
PERSON OR GROUP OF PERSONS SUCH A HOUSING ACCOMMODATION ON THE BASIS
THAT SUCH PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST, ONGOING OR
CURRENT LANDLORD-TENANT ACTION OR SUMMARY PROCEEDING EMANATING FROM
ARTICLE SEVEN OF THE REAL PROPERTY LAW, EXCEPT WHERE THE TENANT OR GROUP
OF TENANTS HAVE NOT SATISFIED THE ORDER.
S 2. Subdivision 3-b of section 296 of the executive law, as amended
by chapter 106 of the laws of 2003, is 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13233-02-2
A. 8605--A 2
with respect to race, creed, color, national origin, sexual orientation,
military status, sex, disability, PAST, ONGOING OR CURRENT LANDLORD-TEN-
ANT ACTION OR SUMMARY PROCEEDING EMANATING FROM ARTICLE SEVEN OF THE
REAL PROPERTY LAW, marital status, or familial status 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, neighbor-
hood 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.
S 3. Paragraph (a) of subdivision 5 of section 296 of the executive
law is amended by adding a new subparagraph 1-a to read as follows:
(1-A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR THE OWNER,
LESSEE, SUBLESSEE, ASSIGNEE, OR MANAGING AGENT OF, OR ANY OTHER PERSON
HAVING THE RIGHT TO SELL, RENT OR LEASE A HOUSING ACCOMMODATION,
CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT OR EMPLOYEE THEREOF, TO
REFUSE TO SELL, RENT OR LEASE OR OTHERWISE DENY OR TO WITHHOLD FROM ANY
PERSON OR GROUP OF PERSONS SUCH A HOUSING ACCOMMODATION ON THE BASIS
THAT SUCH PERSON OR GROUP OF PERSONS WERE INVOLVED IN PAST, ONGOING OR
CURRENT LANDLORD-TENANT ACTION OR SUMMARY PROCEEDING EMANATING FROM
ARTICLE SEVEN OF THE REAL PROPERTY LAW, EXCEPT WHERE THE TENANT OR
GROUP OF TENANTS HAVE NOT SATISFIED THE ORDER.
S 4. This act shall take effect immediately.