Senate Bill S498

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

                                   498

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to prohibiting  discrimi-
  natory practices against domestic violence victims

  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 "DOMESTIC VIOLENCE VICTIM" MEANS AN INDIVIDUAL WHO IS  OR
IS PERCEIVED BY THE ACTOR TO BE A VICTIM OF DOMESTIC VIOLENCE AS DEFINED
IN  SECTION  FOUR  HUNDRED  FIFTY-NINE-A  OF THE SOCIAL SERVICES LAW, OR
STALKING AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW.
  S 2. 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,  DOMESTIC
VIOLENCE VICTIM STATUS, or familial status 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, DOMESTIC VIOLENCE  VICTIM  STATUS,  or
familial  status in the terms, conditions or privileges of any publicly-
assisted housing accommodations or in the furnishing  of  facilities  or
services in connection therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01981-01-1
              

S. 498                              2

  (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, DOMES-
TIC  VIOLENCE  VICTIM  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  3.  Subparagraphs  1,  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:
  (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, DOMESTIC VIOLENCE VICTIM
STATUS, or familial status 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, DOMESTIC VIOLENCE VICTIM STATUS, or familial status
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,  DOMESTIC
VIOLENCE  VICTIM  STATUS,  or familial status, or any intent to make any
such limitation, specification or discrimination.
  S 4. Subdivision 5 of section 296 of the executive law is  amended  by
adding a new paragraph (h) to read as follows:
  (H)  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON OR
ENTITY TO OBTAIN FOR, OR PROVIDE TO, ANY  PERSON  HAVING  THE  RIGHT  TO
SELL,  RENT  OR  LEASE A HOUSING ACCOMMODATION, OR ANY AGENT OR EMPLOYEE
THEREOF, INFORMATION RELATING TO THE DOMESTIC VIOLENCE VICTIM STATUS  OF
AN INDIVIDUAL WHO RENTS, LEASES OR SUB-LEASES A HOUSING ACCOMMODATION OR
WHO SEEKS TO PURCHASE, RENT, LEASE OR SUB-LEASE A HOUSING ACCOMMODATION.
  S 5. This act shall take effect immediately.