NY State Senate Bill 2011-S6349

Senate Bill S6349

2011-2012 Legislative Session

Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2012	committee discharged and committed to rules notice of committee consideration - requested
Jan 31, 2012	referred to investigations and government operations

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2011-S6349 (ACTIVE) - Details

See Assembly Version of this Bill:: A5039
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §§291, 292, 295, 296 & 296-a, Exec L; amd §40-c, Civ Rts L; amd §313, Ed L; amd §§485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd §200.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5710
2013-2014: S195, A4226
2015-2016: S61, A4558
2017-2018: S502, A3358
2019-2020: A747

2011-S6349 (ACTIVE) - Summary

Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.

2011-S6349 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6349

TITLE OF BILL:
An act
to amend the executive law, the civil rights law and the education
law, in relation to
prohibiting discrimination based on gender identity or
expression; and to amend the penal law and the criminal procedure law,
in relation to including offenses regarding gender identity or
expression within the list of offenses subject to treatment as
hate crimes

PURPOSE OR GENERAL IDEA OF THE BILL:
To prohibit discrimination based on gender identity or expression, and
include offenses regarding gender identity or expression under the
hate crimes statute.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 declares the legislative intent.

Section 3 adds new subdivision 35 to section 292 of the Executive Law,
defining of "gender identity or expression."

Other sections add "gender identity or expression" to the list of
factors that prohibit discrimination, as follows:

                                  PROVISIONS OF SECTION OR TYPE
                                  OF DISCRIMINATION ALREADY
              EXISTING LAW        PROHIBITED

              Exec. Law §291      Equality of opportunity
Sec. 2                            defined as a civil right

Sec. 4        Exec. Law §295      Division of Human Rights
                                  powers and duties

Sec. 5        Exec. Law §296(1)   Employers, licensing agencies,
                                  employment agencies and labor
                                  organizations

Sec. 6        Exec. Law §296(1-a) Apprenticeship training
                                  programs

Sec. 7        Exec. Law §296(2)   Place of public accommodation,
                                  resort or amusement

Sec. 8        Exec. Law §296(2-a) Publicly-assisted housing

Sec. 9        Exec. Law §296(3-b) Realtors representing that a
                                  change has occurred or may

                                  occur in the composition of
                                  a neighborhood

Sec. 10       Exec. Law §296(4)   Non-sectarian education
                                  corporations or associations

Sec. 11       Exec. Law §296(5)   Private housing accommodations
                                  and commercial space, keeping
                                  the exemption for small,
                                  owner-occupied housing

Sec. 12       Exec. Law §296(9)   Volunteer fire department
                                  membership

Sec. 13       Exec. Law §296(13)  Commercial boycotts and
                                  blacklists

Sec. 14       Exec. Law §296-a    Credit

Sec. 15       Exec. Law §40-c     Civil rights

Sec. 16       Exec. Law §313(1)   Education institutions,
                                  without affecting the
                                  rights of religious
                                  education institutions

Sec. 17       Education Law       Unfair educational
              §313(3)             practices

Sections  18  through 23 add "gender identity or expression" to the list
of factors that can make a "hate crime"."

JUSTIFICATION:
The transgender community is not  protected  from  discrimination  under
law.  Transgender  people whose gender identity, appearance, behavior or
expression differs from their genetic sex at birth  face  discrimination
in  housing,  employment,  public accommodations and many other areas of
life, and they are particularly vulnerable to hate crimes.  Many  people
who  supported  the recent SONDA (the Sexual orientation Non-discrimina-
tion Act) believed that it covered transgender discrimination.  However,
being transgender is not the same as being homosexual.

PRIOR LEGISLATIVE HISTORY:
S.2406 - Sent to Senate Judiciary Committee

FISCAL IMPLICATIONS:
Minimal fiscal impact.

EFFECTIVE DATE:

Thirty  days  after it shall have become law, except sections 19 through
24 will be effective on the first of November next succeeding  the  date
on which it shall have become law.

2011-S6349 (ACTIVE) - Bill Text download pdf

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

                                  6349

                            I N  S E N A T E

                            January 31, 2012
                               ___________

Introduced  by Sen. SQUADRON -- 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, the civil rights law and  the  educa-
  tion  law,  in  relation to prohibiting discrimination based on gender
  identity or expression; and to amend the penal law  and  the  criminal
  procedure  law,  in  relation  to  including offenses regarding gender
  identity or expression within the list of offenses subject  to  treat-
  ment as hate crimes

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

  Section 1. Legislative findings and intent. The legislature  reaffirms
that  the state has the responsibility to act to assure that every indi-
vidual within this state is afforded an equal  opportunity  to  enjoy  a
full  and  productive  life,  and that the failure to provide such equal
opportunity, whether because of discrimination,  prejudice,  intolerance
or  inadequate  education,  training,  housing  or  health care not only
threatens the rights and  proper  privileges  of  its  inhabitants,  but
menaces  the  institutions and foundation of a free democratic state and
threatens the peace, order, health, safety and general  welfare  of  the
state and its inhabitants.
  The  legislature  further finds that many residents of this state have
encountered prejudice on account of their gender identity or expression,
and that this prejudice  has  severely  limited  or  actually  prevented
access to employment, housing and other basic necessities of life, lead-
ing  to  deprivation  and  suffering. The legislature further recognizes
that this prejudice has fostered a  general  climate  of  hostility  and
distrust,  leading  in some instances to physical violence against those
perceived to live in a gender identity or expression which is  different
from  that traditionally associated with the sex assigned to that person
at birth.
  In so doing, the legislature makes clear its action is not intended to
promote any particular attitude, course of conduct or way of life. Rath-
er its purpose is to ensure that individuals who live in our free socie-

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

                                                           LBD01139-01-1

S. 6349                             2

ty have the capacity to make their own choices, follow their own beliefs
and conduct their own lives as they see fit,  consistent  with  existing
law.
  The  legislature  further finds that, as court decisions have properly
held, New York's sex discrimination laws prohibit  discrimination  based
on  gender  stereotypes  or  because  an  individual has transitioned or
intends to transition from one gender to another.  This  legislation  is
intended  to  codify this principle and to ensure that the public under-
stands  that  discrimination  on  the  basis  of  gender  identity   and
expression is prohibited.
  S  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
follows:
  1. The opportunity to obtain employment without discrimination because
of  age, race, creed, color, national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, marital status,  or  disa-
bility, is hereby recognized as and declared to be a civil right.
  2.  The  opportunity  to obtain education, the use of places of public
accommodation and the ownership, use and occupancy of  housing  accommo-
dations  and  commercial  space  without  discrimination because of age,
race, creed, color, national origin, sexual orientation, GENDER IDENTITY
OR EXPRESSION, military status, sex, marital status, or  disability,  as
specified  in  section two hundred ninety-six of this article, is hereby
recognized as and declared to be a civil right.
  S 3. Section 292 of the executive law  is  amended  by  adding  a  new
subdivision 35 to read as follows:
  35.  THE  TERM  "GENDER  IDENTITY OR EXPRESSION" MEANS HAVING OR BEING
PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE,  BEHAVIOR
OR  EXPRESSION  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR-
ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY  ASSO-
CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
  S  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
follows:
  8. To create such advisory councils, local, regional or state-wide, as
in  its  judgment  will aid in effectuating the purposes of this article
and of section eleven of article one of the constitution of this  state,
and  the  division  may  empower them to study the problems of discrimi-
nation in all or specific fields of human relationships or  in  specific
instances of discrimination because of age, race, creed, color, national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, sex, disability or marital status and  make  recommendations  to
the  division  for the development of policies and procedures in general
and in specific instances. The advisory councils also shall  disseminate
information  about  the division's activities to organizations and indi-
viduals in their localities. Such advisory councils shall be composed of
representative citizens, serving without pay, but with reimbursement for
actual and necessary traveling  expenses;  and  the  division  may  make
provision for technical and clerical assistance to such councils and for
the expenses of such assistance.
  9. To develop human rights plans and policies for the state and assist
in their execution and to make investigations and studies appropriate to
effectuate  this article and to issue such publications and such results
of investigations and research as in its judgement will tend  to  inform
persons  of the rights assured and remedies provided under this article,
to promote good-will and minimize or eliminate discrimination because of

S. 6349                             3

age, race, creed, color, national  origin,  sexual  orientation,  GENDER
IDENTITY  OR  EXPRESSION,  military  status,  sex, disability or marital
status.
  S  5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296
of the executive law, paragraph (a) as amended by chapter 80 of the laws
of 2009 and paragraphs (b), (c), and (d) as amended by chapter 75 of the
laws of 2005, are amended to read as follows:
  (a) For an employer or licensing agency, because  of  an  individual's
age,  race,  creed,  color,  national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex,  disability,  predisposing
genetic  characteristics,  marital  status,  or domestic violence victim
status, to refuse to hire or employ or  to  bar  or  to  discharge  from
employment such individual or to discriminate against such individual in
compensation or in terms, conditions or privileges of employment.
  (b)  For  an  employment agency to discriminate against any individual
because of age, race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, or marital status, in receiving, classi-
fying, disposing or otherwise acting upon applications for its  services
or in referring an applicant or applicants to an employer or employers.
  (c)  For a labor organization, because of the age, race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status, sex, disability, predisposing genetic characteristics,
or marital status of any individual, to exclude or  to  expel  from  its
membership  such individual or to discriminate in any way against any of
its members or against any employer or any  individual  employed  by  an
employer.
  (d)  For  any  employer  or employment agency to print or circulate or
cause to be printed or circulated any statement, advertisement or publi-
cation, or to use any form of application for employment or to make  any
inquiry  in  connection  with  prospective  employment,  which expresses
directly or indirectly, any limitation, specification or  discrimination
as  to  age,  race,  creed,  color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, predis-
posing genetic characteristics, or marital status, or any intent to make
any such limitation, specification or discrimination, unless based  upon
a  bona fide occupational qualification; provided, however, that neither
this paragraph nor any provision of this chapter or other law  shall  be
construed  to prohibit the department of civil service or the department
of personnel of any city containing more than one county from requesting
information from applicants for civil  service  examinations  concerning
any of the aforementioned characteristics, other than sexual orientation
OR  GENDER IDENTITY OR EXPRESSION, for the purpose of conducting studies
to identify and resolve possible problems in recruitment and testing  of
members  of  minority  groups  to  insure the fairest possible and equal
opportunities for employment in  the  civil  service  for  all  persons,
regardless  of  age,  race, creed, color, national origin, sexual orien-
tation, GENDER IDENTITY OR EXPRESSION, military status, sex, disability,
predisposing genetic characteristics, or marital status.
  S 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296  of
the  executive  law,  as amended by chapter 106 of the laws of 2003, are
amended to read as follows:
  (b) To deny to or withhold from any person  because  of  race,  creed,
color,   national   origin,   sexual  orientation,  GENDER  IDENTITY  OR
EXPRESSION, military status, sex, age, disability,  or  marital  status,
the  right  to  be  admitted to or participate in a guidance program, an

S. 6349                             4

apprenticeship training program, on-the-job training program,  executive
training program, or other occupational training or retraining program;
  (c)  To  discriminate against any person in his or her pursuit of such
programs or to discriminate against such a person in the  terms,  condi-
tions  or  privileges  of  such  programs because of race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military status, sex, age, disability or marital status;
  (d)  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  such  programs or to make any inquiry in connection with such
program which expresses, directly or indirectly, any  limitation,  spec-
ification  or  discrimination as to race, creed, color, national origin,
sexual orientation, GENDER IDENTITY OR EXPRESSION, military status, sex,
age, disability or marital status, or any intention  to  make  any  such
limitation, specification or discrimination, unless based on a bona fide
occupational qualification.
  S  7.  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,
GENDER  IDENTITY OR EXPRESSION, military status, sex, [or] disability or
marital status of any person, directly or indirectly, to  refuse,  with-
hold  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,  GENDER  IDENTITY OR EXPRESSION, military status, sex, [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,  GENDER  IDENTITY OR EXPRESSION,
military status, sex or marital status, or having a disability is unwel-
come, objectionable or not acceptable, desired or solicited.
  S 8. 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,  GENDER  IDENTITY OR EXPRESSION, military status, age, sex,
marital 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, GENDER
IDENTITY OR EXPRESSION, military status, age, sex,  marital  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.

S. 6349                             5

  (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, GENDER IDENTITY OR EXPRESSION, 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 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.
  (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, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
bility,  marital  status,  or familial status, or any intent to make any
such limitation, specification or discrimination.
  S 9. 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
with respect to race, creed, color, national origin, sexual orientation,
GENDER IDENTITY OR EXPRESSION, military status, sex, disability, 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, 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.
  S 10. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  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,  GENDER   IDENTITY   OR
EXPRESSION, military status, sex, age or marital status, 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 11. 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

S. 6349                             6

of  the  race, creed, color, national origin, sexual orientation, GENDER
IDENTITY OR EXPRESSION, military status, sex, age,  disability,  marital
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,  GENDER  IDENTITY OR EXPRESSION,
military status, sex,  age,  disability,  marital  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  facili-
ties 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, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
bility,  marital  status,  or familial status, 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 accommo-
dations 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 accommodation
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,  GENDER
IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital
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,  GENDER  IDENTITY OR EXPRESSION,
military status, sex,  age,  disability,  marital  status,  or  familial
status  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;

S. 6349                             7

  (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, GENDER IDENTITY OR EXPRESSION, military status, sex, age,  disa-
bility,  marital  status,  or familial status; 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,  GENDER
IDENTITY  OR  EXPRESSION, military status, sex, age, disability, marital
status, or familial status of such person or persons,  or  to  represent
that  any  housing accommodation, land or commercial space is not avail-
able for inspection, sale, rental or lease when in fact it is so  avail-
able,  or  otherwise to deny or withhold any housing accommodation, land
or commercial 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, GENDER IDENTITY
OR EXPRESSION, military status, sex, age, disability, marital status, or
familial status 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,   GENDER   IDENTITY   OR
EXPRESSION,  military  status,  sex, age, disability, marital status, or
familial status; or any intent to make any such  limitation,  specifica-
tion 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 HOUSING ACCOMMODATION, 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  hous-
ing accommodation or land to be used for the construction or location of

S. 6349                             8

housing  accommodations  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, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
disability,  marital status, or familial status 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
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  12.  Paragraph (a) of subdivision 9 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 fire
department or fire company therein, through any member or members there-
of, officers, board of fire commissioners or other body or office having
power of appointment of volunteer firefighters, directly or  indirectly,
by ritualistic practice, constitutional or by-law prescription, by tacit
agreement  among  its  members,  or otherwise, to deny to any individual
membership in any volunteer fire department or fire company therein,  or
to  expel or discriminate against any volunteer member of a fire depart-
ment or fire  company  therein,  because  of  the  race,  creed,  color,
national  origin,  sexual  orientation,  GENDER  IDENTITY OR EXPRESSION,
military status, sex or marital status of such individual.
  S 13. Subdivision 13 of section 296 of the executive law,  as  amended
by chapter 196 of the laws of 2010, is amended to read as follows:

S. 6349                             9

  13. It shall be an unlawful discriminatory practice (i) for any person
to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
with, or otherwise discriminate against any person, because of the race,
creed, color, national origin, sexual orientation,  GENDER  IDENTITY  OR
EXPRESSION,  military  status,  sex, or disability of such person, or of
such person's  partners,  members,  stockholders,  directors,  officers,
managers,   superintendents,  agents,  employees,  business  associates,
suppliers or customers, or (ii) for any person wilfully to do any act or
refrain from doing any act which enables any such person  to  take  such
action. This subdivision shall not apply to:
  (a) Boycotts connected with labor disputes; or
  (b) Boycotts to protest unlawful discriminatory practices.
  S  14.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
as amended by chapter 106 of the laws of 2003, are amended  to  read  as
follows:
  1. It shall be an unlawful discriminatory practice for any creditor or
any officer, agent or employee thereof:
  a.  In  the  case  of  applications  for  credit  with  respect to the
purchase, acquisition, construction, rehabilitation, repair  or  mainte-
nance of any housing accommodation, land or commercial space to discrim-
inate  against  any  such  applicant  because of the race, creed, color,
national origin, sexual  orientation,  GENDER  IDENTITY  OR  EXPRESSION,
military  status,  age,  sex,  marital  status,  disability, or familial
status of such applicant  or  applicants  or  any  member,  stockholder,
director, officer or employee of such applicant or applicants, or of the
prospective  occupants or tenants of such housing accommodation, land or
commercial space, in the granting, withholding, extending  or  renewing,
or in the fixing of the rates, terms or conditions of, any such credit;
  b.  To  discriminate in the granting, withholding, extending or renew-
ing, or in the fixing of the rates, terms or conditions of, any form  of
credit,  on  the  basis  of  race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
marital status, disability, or familial status;
  c. To use any form of application for credit or use or make any record
or  inquiry  which  expresses,  directly  or indirectly, any limitation,
specification, or discrimination as  to  race,  creed,  color,  national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, age, sex, marital status, disability, or familial status;
  d. To make any inquiry of an applicant concerning his or her  capacity
to reproduce, or his or her use or advocacy of any form of birth control
or family planning;
  e.  To  refuse  to  consider  sources  of  an applicant's income or to
subject an applicant's income to  discounting,  in  whole  or  in  part,
because  of  an  applicant's race, creed, color, national origin, sexual
orientation, GENDER IDENTITY OR EXPRESSION, military status,  age,  sex,
marital status, childbearing potential, disability, or familial status;
  f.  To  discriminate  against  a  married  person  because such person
neither uses nor is known by the surname of his or her spouse.
  This paragraph shall not apply to any situation where  the  use  of  a
surname would constitute or result in a criminal act.
  2. Without limiting the generality of subdivision one of this section,
it  shall  be considered discriminatory if, because of an applicant's or
class of applicants' race, creed, color, national origin, sexual  orien-
tation,  GENDER IDENTITY OR EXPRESSION, military status, age, sex, mari-
tal status or disability, or familial status, (i) an applicant or  class
of  applicants  is denied credit in circumstances where other applicants

S. 6349                            10

of like overall credit worthiness are granted credit,  or  (ii)  special
requirements  or conditions, such as requiring co-obligors or reapplica-
tion upon marriage, are imposed upon an applicant or class of applicants
in  circumstances  where  similar  requirements  or  conditions  are not
imposed upon other applicants of like overall credit worthiness.
  3. It shall not  be  considered  discriminatory  if  credit  differen-
tiations  or  decisions  are based upon factually supportable, objective
differences in applicants' overall credit worthiness, which may  include
reference  to  such  factors  as current income, assets and prior credit
history of such applicants, as well as reference to any  other  relevant
factually  supportable  data;  provided, however, that no creditor shall
consider, in evaluating the credit worthiness of an applicant, aggregate
statistics or assumptions  relating  to  race,  creed,  color,  national
origin,  sexual  orientation,  GENDER  IDENTITY  OR EXPRESSION, military
status, sex, marital status or disability, or to the likelihood  of  any
group of persons bearing or rearing children, or for that reason receiv-
ing diminished or interrupted income in the future.
  S 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
law,  as added by chapter 481 of the laws of 2010, is amended to read as
follows:
  (b) Subject a domestic worker to unwelcome harassment based on gender,
race, religion, SEXUAL ORIENTATION, GENDER  IDENTITY  OR  EXPRESSION  or
national  origin,  where  such  harassment  has the purpose or effect of
unreasonably interfering with an individual's work performance by creat-
ing an intimidating, hostile, or offensive working environment.
  S 16. Section 40-c of the civil rights law, as amended by chapter 2 of
the laws of 2002, is amended to read as follows:
  S 40-c. Discrimination. 1. All persons within the jurisdiction of this
state shall be entitled to the equal protection  of  the  laws  of  this
state or any subdivision thereof.
  2.  No  person  shall, because of race, creed, color, national origin,
sex, marital status, sexual orientation, GENDER IDENTITY OR  EXPRESSION,
or disability, as such term is defined in section two hundred ninety-two
of  the  executive law, be subjected to any discrimination in his or her
civil rights, or to any harassment, as defined in section 240.25 of  the
penal  law, in the exercise thereof, by any other person or by any firm,
corporation or institution, or by the state or any agency or subdivision
of the state.
  S 17. Paragraph (a) of subdivision 1 of section 313 of  the  education
law,  as amended by chapter 2 of the laws of 2002, is amended to read as
follows:
  (a) It is hereby declared to be the policy of the state that the Amer-
ican ideal of equality of opportunity requires that students,  otherwise
qualified,  be  admitted to educational institutions and be given access
to all the educational programs and courses operated or provided by such
institutions without regard to race, color, sex, religion, creed,  mari-
tal  status,  age,  sexual orientation as defined in section two hundred
ninety-two of the  executive  law,  GENDER  IDENTITY  OR  EXPRESSION  AS
DEFINED  IN  SECTION  TWO  HUNDRED  NINETY-TWO  OF THE EXECUTIVE LAW, or
national origin, except that, with regard to religious or denominational
educational institutions, students, otherwise qualified, shall have  the
equal  opportunity  to  attend therein without discrimination because of
race, color, sex, marital status, age, sexual orientation as defined  in
section  two hundred ninety-two of the executive law, GENDER IDENTITY OR
EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE
LAW, or national origin. It is a fundamental American right for  members

S. 6349                            11

of various religious faiths to establish and maintain educational insti-
tutions  exclusively  or  primarily  for students of their own religious
faith or to effectuate the religious principles in furtherance of  which
they  are  maintained.  Nothing herein contained shall impair or abridge
that right.
  S 18. Subdivision 3 of section 313 of the education law, as amended by
chapter 2 of the laws of 2002, is amended to read as follows:
  (3) Unfair educational practices. It shall be  an  unfair  educational
practice for an educational institution after September fifteenth, nine-
teen hundred forty-eight:
  (a)  To  exclude or limit or otherwise discriminate against any person
or persons seeking admission as students to such institution or  to  any
educational  program  or course operated or provided by such institution
because of race, religion, creed, sex, color, marital status, age, sexu-
al orientation as defined in section two hundred ninety-two of the exec-
utive law, GENDER IDENTITY OR  EXPRESSION  AS  DEFINED  IN  SECTION  TWO
HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or national origin; except that
nothing in this section shall be deemed to affect, in any way, the right
of  a  religious or denominational educational institution to select its
students exclusively or primarily  from  members  of  such  religion  or
denomination or from giving preference in such selection to such members
or  to  make  such  selection  of  its students as is calculated by such
institution to promote the religious principles for which it  is  estab-
lished  or  maintained. Nothing herein contained shall impair or abridge
the right of an independent institution, which establishes or  maintains
a  policy of educating persons of one sex exclusively, to admit students
of only one sex.
  (b) To penalize any individual because he or she has initiated, testi-
fied, participated or assisted in any proceedings under this section.
  (c) To accept any endowment or gift of money or  property  conditioned
upon teaching the doctrine of supremacy of any particular race.
  (d)  With  respect  to any individual who withdraws from attendance to
serve on active duty in the armed forces of the United States in time of
war, including any individual who withdrew from attendance on  or  after
August  second,  nineteen  hundred ninety to serve on active duty in the
armed forces of the United States in the Persian Gulf conflict:  (i)  to
deny  or limit the readmission of such individual to such institution or
to any educational program or course operated or provided by such insti-
tution because of such withdrawal from  attendance  or  because  of  the
failure  to complete any educational program or course due to such with-
drawal; (ii) to impose any academic penalty on such  person  because  of
such  withdrawal  or  because of the failure to complete any educational
program or course due to such withdrawal; (iii) to reduce  or  eliminate
any  financial  aid  award granted to such individual which could not be
used, in whole or part, because of such withdrawal  or  because  of  the
failure  to complete any educational program or course due to such with-
drawal; or (iv) to fail to provide a credit or  refund  of  tuition  and
fees  paid  by  such  individual  for  any semester, term or quarter not
completed because of such  withdrawal  or  because  of  the  failure  to
complete any program or course due to such withdrawal.
  (e) It shall not be an unfair educational practice for any educational
institution  to  use  criteria  other  than  race, religion, creed, sex,
color, marital status, age, sexual orientation as defined in section two
hundred ninety-two of the executive law, GENDER IDENTITY  OR  EXPRESSION
AS  DEFINED  IN  SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, or
national origin in the admission of students to such institution  or  to

S. 6349                            12

any of the educational programs and courses operated or provided by such
institution.
  S  19. Section 485.00 of the penal law, as added by chapter 107 of the
laws of 2000, is amended to read as follows:
S 485.00 Legislative findings.
  The legislature finds and determines as follows: criminal acts involv-
ing violence, intimidation and destruction of property based  upon  bias
and  prejudice  have  become  more prevalent in New York state in recent
years.  The intolerable truth is that  in  these  crimes,  commonly  and
justly referred to as "hate crimes", victims are intentionally selected,
in  whole  or  in  part,  because of their race, color, national origin,
ancestry, gender, GENDER IDENTITY  OR  EXPRESSION,  religion,  religious
practice,  age,  disability  or  sexual orientation. Hate crimes do more
than threaten the safety and welfare of all citizens.  They  inflict  on
victims  incalculable physical and emotional damage and tear at the very
fabric of free society. Crimes  motivated  by  invidious  hatred  toward
particular  groups  not only harm individual victims but send a powerful
message of intolerance and discrimination to all members of the group to
which the victim belongs.  Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic processes.   In a  democratic  society,  citizens  cannot  be
required  to  approve  of  the beliefs and practices of others, but must
never commit criminal acts on account of  them.  Current  law  does  not
adequately recognize the harm to public order and individual safety that
hate  crimes  cause. Therefore, our laws must be strengthened to provide
clear recognition of the gravity  of  hate  crimes  and  the  compelling
importance of preventing their recurrence.
  Accordingly,  the  legislature  finds  and  declares  that hate crimes
should be prosecuted and punished with appropriate severity.
  S 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
added  by  chapter  107  of  the  laws  of  2000, are amended to read as
follows:
  1. A person commits a hate crime when he or she  commits  a  specified
offense and either:
  (a)  intentionally  selects  the  person  against  whom the offense is
committed or intended to be committed in whole or  in  substantial  part
because  of  a  belief or perception regarding the race, color, national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious practice, age, disability  or  sexual  orientation  of  a  person,
regardless of whether the belief or perception is correct, or
  (b)  intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, GENDER  IDENTITY  OR
EXPRESSION,  religion,  religious  practice,  age,  disability or sexual
orientation of a person, regardless of whether the belief or  perception
is correct.
  2.  Proof  of  race,  color, national origin, ancestry, gender, GENDER
IDENTITY OR EXPRESSION, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and the victim  does  not,  by  itself,  constitute  legally  sufficient
evidence  satisfying  the  people's burden under paragraph (a) or (b) of
subdivision one of this section.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b) the term "disability" means a physical or mental  impairment  that
substantially limits a major life activity[.];

S. 6349                            13

  (C)  THE  TERM  "GENDER  IDENTITY OR EXPRESSION" MEANS HAVING OR BEING
PERCEIVED AS HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE,  BEHAVIOR
OR  EXPRESSION  WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEAR-
ANCE, BEHAVIOR OR EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY  ASSO-
CIATED WITH THE SEX ASSIGNED TO THAT PERSON AT BIRTH.
  S  21. Subdivision 3 of section 240.30 of the penal law, as amended by
chapter 510 of the laws of 2008, is amended to read as follows:
  3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
physical  contact,  or attempts or threatens to do the same because of a
belief or perception  regarding  such  person's  race,  color,  national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious  practice,  age,  disability  or sexual orientation, regardless of
whether the belief or perception is correct; or
  S 22. The opening paragraph of section 240.31 of  the  penal  law,  as
amended  by  chapter  49  of  the  laws  of  2006, is amended to read as
follows:
  A person is guilty of aggravated harassment in the first  degree  when
with  intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color,  national
origin, ancestry, gender, GENDER IDENTITY OR EXPRESSION, religion, reli-
gious  practice,  age,  disability  or sexual orientation, regardless of
whether the belief or perception is correct, he or she:
  S 23. Section 240.00 of the penal law  is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  "GENDER IDENTITY OR EXPRESSION" MEANS HAVING OR BEING PERCEIVED AS
HAVING A GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR EXPRESSION
WHETHER OR NOT THAT GENDER IDENTITY, SELF-IMAGE, APPEARANCE, BEHAVIOR OR
EXPRESSION IS DIFFERENT FROM THAT TRADITIONALLY ASSOCIATED WITH THE  SEX
ASSIGNED TO THAT PERSON AT BIRTH.
  S 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
to read as follows:
  (c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the  defendant  or  defendants
intentionally selected the person against whom the offense was committed
or  intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because  of  a
belief  or perception regarding the race, color, national origin, ances-
try, gender, GENDER IDENTITY OR EXPRESSION,  religion,  religious  prac-
tice, age, disability or sexual orientation of a person; and
  S  25.  This act shall take effect on the thirtieth day after it shall
have become a law; provided, however,  that  sections  nineteen  through
twenty-four  of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

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