senate Bill S6295

2013-2014 Legislative Session

Relates to rental discrimination based on income

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2014 referred to investigations and government operations

S6295 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, Exec L

S6295 - Bill Texts

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Relates to rental discrimination based on income.

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BILL NUMBER:S6295

TITLE OF BILL: An act to amend the executive law, in relation to
discrimination based upon the income of persons

PURPOSE OF THE BILL: To prevent housing discrimination based upon the
source of income of individuals; makes discrimination by landlords
based on a tenant's source of income illegal under New York State
Human Rights Law.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new subdivision 35 to
section 292 of the executive law defining the term "source of income"
to include, but is not limited to, wages, income derived from social
security, federal or state public assistance, and housing and rental
subsidies such as Section 8 vouchers.

Section 2 amends section 296 subdivision (2) paragraph (a) of the
executive law to add the language "source of income" to the
prohibition of discrimination in relation to denying access to
accommodations, advantages, facilities or privileges of any public
accommodation, resort or amusement.

Section 3 amends section 296 subdivision (2-a) paragraphs (a), (b) and
(c) of the executive law to add the language "source of income" to all
sections for inclusion against discrimination in relation to the
refusal to rent and to conduct oral or written inquiry as to status.

Section 4 amends section 296 subdivision (5) of the executive law to
add the language "source of income" as a protected status form
discrimination in relation to housing to the New York State Human
Rights Law. Subsection (a) extends protections against the practices
of an owner, lessor, sub-lessor, or managing agent, or any other
person having the right to sell, rent or lease a housing
accommodation. Subsection (b) extends protections against the
practices of an owner, lessor, sub-lessor, or managing agent, or any
other person having the right to sell, rent or lease land or
commercial space. Subsection (c) extends protections against the
practices of a real estate broker, real estate sales person, or agent.
Subsection (d) extends protections against the practices of a real
estate board.

Section 5 exempts units in some buildings that have five or fewer
units located certain municipalities that had a preexisting local law
prohibiting discrimination based on source of income from this
legislation. If the local law were to be repealed the state law would
take effect.

Section 5 contains the effective date.

JUSTIFICATION: Currently, New York State law does not prevent
landlords from discrimination based on a person's source of income.
As a result, landlords often reject tenants with rental subsidies,
such as Section 8 and subsidies tied to the Nursing Facility
Transition and Diversion and Traumatic Brain Injury Medicaid Waivers,
Many People with disabilities rely on those subsidies and other
assistance programs to live independently in the community. This
legislation would make discrimination by landlords based on a tenant's


source of income illegal under New York State Human Rights Law.
Similar laws have already been passed in New York City and Nassau.

PRIOR LEGISLATIVE HISTORY: 2010: A.10689-A/S.7613-A Passed Assembly
Senate; vetoed

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  6295

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by  Sen.  DILAN  -- 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  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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13489-01-4

S. 6295                             2

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, AND PROVIDED FURTHER,
HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO
PREVENT  AN  OWNER,  LESSEE, SUB-LESSEE, ASSIGNEE OR MANAGING AGENT FROM
OBTAINING A CREDIT REPORT DETAILING SUCH PERSON'S CREDIT WORTHINESS.
  S 3. 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]
familial status, OR SOURCE OF INCOME, or any intent  to  make  any  such
limitation, specification or discrimination, PROVIDED, HOWEVER, THAT THE
PROVISIONS  OF  THIS  SUBPARAGRAPH  SHALL NOT BE CONSTRUED TO PREVENT AN
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  FROM
OBTAINING  A  CREDIT  REPORT  DETAILING  THE  CREDIT  WORTHINESS  OF ANY
PROSPECTIVE INDIVIDUALS SEEKING TO PURCHASE, RENT  OR  LEASE  A  HOUSING
ACCOMMODATION.
  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-

S. 6295                             3

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)
(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

S. 6295                             4

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
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

S. 6295                             5

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.
  (H) THE PROVISIONS  OF  THIS  SUBDIVISION  PROHIBITING  DISCRIMINATORY
PRACTICES  BASED  ON SOURCE OF INCOME SHALL NOT BE CONSTRUED TO PROHIBIT
THE REFUSAL OF A SALE, RENTAL OR LEASE OF COMMERCIAL SPACE BASED ON  THE
TYPE  OF  COMMERCIAL  ACTIVITY SUCH PURCHASER, RENTER OR LESSEE WILL USE
SUCH COMMERCIAL SPACE FOR.
  S 4. 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-A AND FIVE
OF THIS SECTION RELATING TO THE PROHIBITION OF  UNLAWFUL  DISCRIMINATORY
PRACTICES  BASED ON SOURCE OF INCOME, SUCH PROVISIONS SHALL NOT APPLY TO
HOUSING ACCOMMODATIONS THAT:   (1)  CONTAIN  FEWER  THAN  THREE  HOUSING
UNITS;  OR  (2)  CONTAIN  A TOTAL OF FIVE OR FEWER HOUSING UNITS LOCATED
WITHIN A MUNICIPALITY THAT HAD A LOCAL LAW PERTAINING TO SUCH  DISCRIMI-
NATORY  PRACTICES,  WHICH EXEMPTED HOUSING ACCOMMODATIONS THAT CONTAINED
FIVE OR FEWER HOUSING UNITS FROM SUCH PROHIBITION, IN EXISTENCE PRIOR TO
THE EFFECTIVE DATE OF THIS SUBDIVISION, 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-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 HOUS-
ING ACCOMMODATION WITHIN THE STATE OF NEW YORK THAT CONTAINS SIX OR MORE
HOUSING UNITS, CONSTRUCTED OR TO BE CONSTRUCTED, OR AN INTEREST THEREIN.
  S 5. This act shall take effect immediately.

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