S T A T E O F N E W Y O R K
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2659
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
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Introduced by M. of A. KATZ -- Multi-Sponsored by -- M. of A. BLANKEN-
BUSH, FINCH, HAWLEY, LOPEZ, TENNEY -- read once and referred to the
Committee on Housing
AN ACT to amend the real property law, in relation to prohibiting hous-
ing discrimination against victims of domestic violence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
237-b to read as follows:
S 237-B. DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE. A. ANY
PERSON, FIRM OR CORPORATION OWNING OR HAVING IN CHARGE ANY APARTMENT
HOUSE, TENEMENT HOUSE OR OTHER BUILDING OR MANUFACTURED HOME PARK USED
FOR DWELLING PURPOSES WHO SHALL REFUSE TO RENT ANY OR PART OF ANY SUCH
BUILDING OR MANUFACTURED HOME PARK TO ANY PERSON OR FAMILY, OR WHO
DISCRIMINATES IN THE TERMS, CONDITIONS, OR PRIVILEGES OF ANY SUCH
RENTAL, SOLELY ON THE GROUND THAT SUCH PERSON OR FAMILY HAS BEEN OR IS
CURRENTLY THE VICTIM OF DOMESTIC VIOLENCE SHALL BE GUILTY OF A MISDEMEA-
NOR AND ON CONVICTION THEREOF SHALL BE PUNISHED BY A FINE OF NOT LESS
THAN FIFTY NOR MORE THAN ONE HUNDRED DOLLARS FOR EACH OFFENSE; PROVIDED,
HOWEVER, THE PROHIBITION AGAINST DISCRIMINATION AGAINST VICTIMS OF
DOMESTIC VIOLENCE IN DWELLING HOUSES AND MANUFACTURED HOME PARKS
CONTAINED IN THIS SECTION SHALL NOT APPLY TO:
(1) HOUSING UNITS FOR SENIOR CITIZENS SUBSIDIZED, INSURED, OR GUARAN-
TEED BY THE FEDERAL GOVERNMENT; OR
(2) ONE OR TWO FAMILY OWNER OCCUPIED DWELLING HOUSES OR MANUFACTURED
HOMES; OR
(3) MANUFACTURED HOME PARKS INTENDED AND OPERATED FOR OCCUPANCY BY
PERSONS FIFTY-FIVE YEARS OF AGE OR OLDER. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04436-01-5
A. 2659 2
B. CIVIL LIABILITY:
(1) WHERE DISCRIMINATORY CONDUCT PROHIBITED BY THIS SECTION HAS
OCCURRED, AN AGGRIEVED INDIVIDUAL SHALL HAVE A CAUSE OF ACTION IN ANY
COURT OF APPROPRIATE JURISDICTION FOR DAMAGES, DECLARATORY AND INJUNC-
TIVE RELIEF;
(2) IN ALL ACTIONS BROUGHT UNDER THIS SECTION, REASONABLE ATTORNEY'S
FEES AS DETERMINED BY THE COURT MAY BE AWARDED TO A PREVAILING PLAIN-
TIFF.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.