S T A T E   O F   N E W   Y O R K
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                                  5166

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced by M. of A. JOYNER -- read once and referred to the Committee
  on Governmental 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06892-01-5

              

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  (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,  [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

A. 5166                             3

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, 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

A. 5166                             4

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
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".

A. 5166                             5

  (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.
  (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.